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NAVY | BCNR | CY2006 | 03777-06
Original file (03777-06.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00



 JRE
 Docket No. 03777-06
8 June 2007

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 7 June 2007. 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. In this connection, the Board. substantially concurred with the finding of the hearing panel of the Physical Evaluation Board dated 25 June 2005, a copy of which is attached, and the findings of the Director, Secretary of the Navy Council of Personnel Boards, dated 22 June 2005. The Board was not persuaded that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your naval service. 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 PFEIFFER
                                                               Executive Director

        
Enclosure

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