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

JRE
Docket No. 03398-06
1 March 2007

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 23 February 2007. 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. In this connection, it concurred with the determination of the Combat Related Special Compensation Branch, Secretary of the Navy Council of Review Boards, that you have not demonstrated that your bladder cancer is combat-related. The Board noted that bladder cancer is not one of the diseases presumptively linked to service in the Gulf War. The Board concluded that the assertions of your oncologists to the effect that the cancer was caused and/or aggravated by your exposure to one or more toxic substances and/or ionizing radiation during your service in the Gulf War was not probative of the existence of error or injustice in your record. It was not clear to the
Board whether or not the oncologists knew of your history of cigarette smoking, which is significant because it is generally accepted that smoking causes more than 50% of all bladder cancers.

In view of the foregoing, 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 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