. DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08266-05
'20 November 2006
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 16
November 2006. 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.
The Board found that you sustained an injury to your right arm on 29
March 1998 while you were in an inactive duty training (IDT) status.
On 3 April 1998, you were issued a notice of eligibility for disability
benefits, which entitled you: to medical care and incapacitation pay.
You were not entitled to be placed in an active duty status at that
time because the injury did not occur while you were on active duty
or active duty for training pursuant to orders specifying a period
of duty in excess of 30 days.
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 consideredby the Board. Inthis regard,
it is important to keep inmind that a presumption of regularity attaches -
to all official records. Consequently, when applying for a correction
ofanofficialnaval record, theburdenisontheapplicant todemonstrate
the existence of probable material error or injustice.
Sincerely,
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