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NAVY | BCNR | CY2007 | 03378-07
Original file (03378-07.rtf) Auto-classification: Denied
                                             BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100






JRE
 Docket No. 03378-07
7 April 2008





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 3 April 2008. 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 regard, the Board did not accept your unsubstantiated contention to the effect that you sustained an injury to your right ring finger as a result of being “shoved off the side of a mountain” by a drill instructor, and that the details of the injury are not accurately portrayed in your health record. The Board noted that a Clinical Record dated 16 September 1980 indicates that you complained of swollen fingers on that date, and stated that you had fallen while climbing hills at Camp Pendleton.
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 PFEIFFER
                   Executive Director

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