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NAVY | BCNR | CY2007 | 00158-07
Original file (00158-07.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
 WASHINGTON DC 2O37O -51 00
         

         JRE
 Docket No. 00158-07
11 January 2008






This is in reference to your application for co rrectio n of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. You resented that your DD Form 214 be corrected to show by deleting the statement in item 32 of that form concerning your Veterans Administration (VA) benefits
A three-me mber panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulation 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 regard, the Board found that you signed a statement prior to you discharge in which you acknowledged that you were being discharged by reason of physical disability and had been advised of your right to file a claim with the VA for compensation, pension or hospitalization, and that you had decided not to file a claim at that time. A copy of the statement is attached. In addition, the Board noted that granting your request would not accord you effective relief, as both the VA and the Department of the Navy determined
that your eye condition was not incurred in or aggravated by your naval service.
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 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

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