DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04995-07
18 January 2008
Dear —e ‘ ; :
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 10 January 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. In addition, it considered the
advisory opinion dated 26 April 1990 from the Physical
Evaluation Board, 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. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
The Board was not persuaded that you were entitled to a
disability rating of 30% or higher at the time of your
discharge, which was the minimum rating required for you to
qualify for disability retirement. Accordingly, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
With regard to your request for correction of your DD Form 214,
the Board will direct that your final DD Form 214 be corrected
to show that you had 10 years, 11 months and 16 days prior
active service, rather than 8 years, 11 months and 16 days as
shown on your final DD Form 214.
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,
\Su jp
W. DEAN PF
Executive D r
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