Search Decisions

Decision Text

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

Similar Decisions

  • NAVY | BCNR | CY2007 | 03824-07

    Original file (03824-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2008. The VA denied your request for service connection for thirteen other claimed disabilities, to include posttraumatic stress disorder. 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 | CY2007 | 00841-07

    Original file (00841-07.rtf) Auto-classification: Denied

    You requested, in effect, that your record be corrected to show that you were discharged by reason of physical disability due to unfitting conditions of your feet.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 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 statutes, regulations...

  • NAVY | BCNR | CY2008 | 02031-08

    Original file (02031-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 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...

  • NAVY | BCNR | CY2008 | 09901-08

    Original file (09901-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2009. 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 | CY2013 | NR3737 13

    Original file (NR3737 13.pdf) Auto-classification: Denied

    You requested removal of a nonjudicial punishment (NJP) held on 28 May 2008, retirement in the rank of commander (pay grade 0o- '5), and removal of two fitness reports for 5 October 2006 to 18 April 2007, and for 17 August 2007 to 8 January 2008. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 July 2014. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...

  • NAVY | BCNR | CY2007 | 05330-07

    Original file (05330-07.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.The Board found that you served on active duty in the Marine Corps from 23 August 1977 to 19...

  • NAVY | BCNR | CY2007 | 02182-07

    Original file (02182-07.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 considerationof 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 served on active duty in the Marine Corps from 24 January 1969 to 28 July...

  • NAVY | BCNR | CY2006 | 11019-06

    Original file (11019-06.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.The Board found that you were discharged from the Navy by reason of physical disability on 6...

  • NAVY | BCNR | CY2007 | 02275-07

    Original file (02275-07.rtf) Auto-classification: Denied

    02275-0727 May 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 8 May 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,...

  • NAVY | BCNR | CY2010 | 04094-10

    Original file (04094-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. 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. The VA rating officials who made that award found no objective evidence in your naval health record that was pertinent to your claim, and they...