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NAVY | BCNR | CY2010 | 12358-10
Original file (12358-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5150

 

JRE
Docket No. 12358-10 —
5 August 2011

 

 

_ This is 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 4 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, those portions of your
naval health record that were provided to the Board by the Department
of Veterans Affairs (VA) and applicable statutes, regulations and
policies. The Board was unable to locate your Official Military

Personnel File {OMPF) .

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 Marine Corps from 25 November 1953
to 24 November 1963, when you were discharged at the expiration of
your active duty service commitment. On 6 January 1964 you sought
medical care for vague abdominal pain that was resolved by bowel
movement, and recurred after eating. An upper gastrointestinal

series was ordered, and on 8 January 1964, 4 diagnosis of a small
apical duodenal ulcer was established and Donnatal (belladonna
alkaloids/Phenobarbital) prescribed, You continued to have
recurrent episode of epigastric pain which were found to be caused
by a posterior penetrating type duodenal ulcer. Approximately nine
months later, on 14 September 1964, you underwent a vagotomy,

pylorolplasty and interval appendectomy. Examination of the appendix
resulted in a diagnosis of recurrent catarrhal appendicitis with

purulent exudates in the appendiceal lumen at tip.

The Board was not persuaded that the diagnoses you were given during
your period of psychiatric hospitalization from 31 January to 15 May
1963 are erroneous, or that the emotional distress you reportedly
displayed during that period was causally related to undiagnosed

gastrointestinal disorders. In addition, the Board did not accept
your unsubstantiated contention to the effect that your health record
contains “blatant fabrications and outright lies” of the physicians
who treated you during the January-May 1963 period. Accordingly, your
application has been denied. The names and votes of the members of
the panel will be furnished upon request.

It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
oer 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,

lo.

W. DEAN PF
Executive

 
   

rector

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