DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

		JRE
									    Docket No. 07924-05 
                                               22 February 2006

This is in reference to your application for correction of your naval records 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 16 February 2006. 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.

The Board was not persuaded that you injured your lower back, left biceps muscle and left shoulder on 1 October 1974 as you contend. In this regard, it noted that a Clinical Record, Narrative Summary, dated 13 October 1974, indicates that you suffered a broken left tibia on 1 October 1974 when your leg was run over by an armored personnel carrier (amtrac), and that your only other injury was an abrasion to the left shoulder. A Clinical Record, Narrative Summary, dated 19 November 1974 indicates that when admitted to Naval Hospital, Camp Lejeune,
North Carolina, on 21 October 1974, your condition was normal, with the exception of your left leg, which was in a cast.

With regard to your request for combat related special compensation (CRSC) for hearing loss, hypertension, and mild restrictive lung disease, the Board determined that the available evidence is insufficient to demonstrate that any of those conditions was caused by a specific combat-related occurrence.

In view of the foregoing, your application has been partially denied. The names and votes of the members of the panel will be furnished upon request.

The Board did not consider your request for CRSC for the residuals of your broken tibia, as it will refer that portion of your application to the CRSC Branch, Secretary of the Navy Council of Review Boards, for reconsideration of its determination of 11 August 2004.

The Board regrets 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 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,

W.	DEAN PFEIFFER
Executive Director