DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
NAVY
ANNEX
2
WASHINGTON DC 20370-5100
JRE
Docket No. 06267-03
11 September 2003
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 11 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 found that your name was removed from the Temporary
Disability Retired List (TDRL) because of your failure to report
for a final periodic physical examination. The Board rejected
your contention to the effect that you did not know that you
were required to keep the Physical Evaluation Board apprised of
your address changes.
In this regard, it noted that you signed
a statement on 21 November 1995,
in which you acknowledged that
you were responsible for providing the Physical Evaluation Board
with a current address,
result in your case being finalized without your having the
opportunity to exercise all of your rights under SECNAVINST
1850.4C.
In the absence of evidence that demonstrates that your
and that your failure to do so might
I
name was removed from the TDRL erroneously, the Board was unable
to recommend any corrective action in your case.
your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
Accordingly,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
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