DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11455-10
11 August 2011
This ig in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 11
August 2011. Your allegations of error and injustice were reviewed
in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You served on active duty in the Navy from 26 June 1986 to 30 June
2006, when you were transferred to the Fleet Reserve. Thereafter,
the Department of Veterans Affairs (VA) awarded you compensable
disability ratings for low back strain, bilateral knee conditions,
and tinnitus.
There ig no indication in the available records that any of the
conditions rated by the VA resulted from a specific combat-related
event. The Board noted that the back condition was the result of
an injury you sustained in a motor vehicle accident, and that the
specific cause of the tinnitus has not been determined. The fact
that your knees became painful while you were serving on a naval
wessel was considered insufficient to establish that the condition
is combat-related, even though the vessel may have been “in harm'‘s
way” at that time. Accordingly, your application has been denied.
The names and votes of the members of the panei will be furnished
upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot betaken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden
is on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
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