DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4341-01
20 May 2002
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 9 May 2002. 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.
Due to the length of time which has elapsed since your discharge from the Navy, the Board
was unable to locate a complete copy of your Disability Evaluation Proceedings, the report
of the line of duty investigation into the circumstances under which you were injured, or the
rationale of the Veterans Administration for determining, on 22 June 1989, that
were incurred in the line of duty.
to apply the presumption of regularity which attaches to official records.
disagreeing with the determination of the Physical Evaluation Board that your injuries were
the proximate result of your improper operation of a motor vehicle at an excessive rate of
speed on a winding mountain road.
your injuries
In the absence of those records, the Board was constrained
It had no basis for
In view of the foregoing, your application has been denied.
has been denied. The names and votes of the members of the panel will be furnished upon
request.
Accordingly, your application
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
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