DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 85 19-01
6 September 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 22 August 2002. Your allegations of error and
with administrative regulations and procedures
injustice were reviewed in accordance
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
in support thereof, your
After careful and conscientious consideration of the entire record,
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
the Board found that the
The Board found that you were discharged from the Navy on 14 May 1994 pursuant to the
approved findings of the Physical Evaluation Board that you were unfit for duty because of
the residuals of multiple trauma and a closed head injury which were incurred as a result of
your own intentional misconduct or willful neglect. Following your discharge, the
Department of Veterans Affairs denied your request for service connection for your
disabilities, after independently determining that_ they were not incurred in the line of duty.
The underlying bases for the determinations made by the Physical Evaluation Board and the
Department of Veterans Affairs were not available to the Board; however, in the absence of
evidence which demonstrates that your injuries were incurred in the line of duty, the Board
was unable to recommend any corrective action in your case. 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
circumkurces 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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