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

JRE
Docket No. 06103-06
26 February 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 mood disorder or the conditions of your lower back and knees are combat-related. The Board noted that although your record shows that your left leg was injured in 1981 while you were serving in the Army, the residuals of that injury had apparently resolved by 8 March 1985, when you were examined and found physically qualified for enlistment in the Navy. You completed a Report of Medical History-on that date in which you denied having a history of nervous trouble of any sort, recurrent back pain, bone, joint or other deformity, or treatment for any injuries. The Board noted that the Department of Veterans Affairs attributed the conditions of your knees and lower back to injuries you sustained in a motor vehicle accident in July 2001, rather than the accident that occurred in 1981, and determined that your mood disorder was secondary to the residuals of those injuries.

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,