Search Decisions

Decision Text

NAVY | BCNR | CY2006 | 00471-06
Original file (00471-06.doc) Auto-classification: Denied


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

                                                         JRE
                                                         Docket No. 00471-06
                                                         7 February 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 2
      February 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. In addition, it
      considered the advisory opinion provided by the Director, Secretary of
      the Navy Council of Review Boards, dated 26 September 2005, and a
      rebuttal thereto submitted by your attorney.

      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 substantially concurred with the comments
      contained in the advisory opinion. The Board was not persuaded that
      you were entitled to a combined disability rating in excess of 10%, or
      that you were denied any substantial rights during the disability
      evaluation process. 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 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 PFIEFFER
                                        Executive Director

Similar Decisions

  • NAVY | BCNR | CY2009 | 02636-09

    Original file (02636-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2010. In addition, the Board considered the advisory opinions furnished by Director, Secretary of the Navy Council of Review Boards (SECNAVCORB) dated 1 July 2009 and 6 January 2010. 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.

  • NAVY | BCNR | CY2010 | 01405-10

    Original file (01405-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 January 2011. Although you suffered from significant congenital cardiac conditions, it does not appear that you were unfit for duty at the expiration of your enlistment. 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.

  • NAVY | BCNR | CY2005 | 06293-05

    Original file (06293-05.pdf) Auto-classification: Denied

    - A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 November 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2005 | 09379-05

    Original file (09379-05.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370~5 100 JREDocket No. 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...

  • NAVY | BCNR | CY2005 | 07299-05

    Original file (07299-05.rtf) Auto-classification: Denied

    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. It concluded that your disability was properly rated at 20% under VA code 5235. Consequently,...

  • NAVY | BCNR | CY2007 | 02791-07

    Original file (02791-07.rtf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by Commandant of the Marine Corps dated 11 June 2007, a copy of which is attached.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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 01381-06

    Original file (01381-06.rtf) Auto-classification: Denied

    As indicated in the enclosed letter dated 2 February 2006, your case was administratively closed, pending exhaustion of the administrative remedy of submitting your request for release from active duty directly to the Secretary of the Navy. Accordingly, your case was reopened.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2006. The Board also considered your counsel’s letters dated 26 January 2006...

  • NAVY | BCNR | CY2006 | 01382-06

    Original file (01382-06.rtf) Auto-classification: Denied

    01382-0628 February 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.You requested that your minimum service obligation be reduced from eight to seven years, or that you be released from active duty effective February 2006. As indicated in the enclosed letter dated 2 February 2006, your case was administratively closed, pending exhaustion of the administrative remedy of submitting...

  • NAVY | BCNR | CY2007 | 08169-07

    Original file (08169-07.rtf) Auto-classification: Denied

    08169-0727 January 2008This 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 25 January 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your naval record and applicable...

  • NAVY | BCNR | CY2008 | 01089-08

    Original file (01089-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...