DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06315-07
21 November 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 threé-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 November 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 connection, the Board substantially
concurred with the determination made in your case by the
Director, Secretary of the Navy Council of Review Boards, on 23
January 2007, a copy of which is attached. The Board was not
persuaded that you were denied any substantial right during the
disability evaluation process, or that you were entitled to a
final disability rating of 30% or higher. In addition, the
Board noted that the Department of Veterans Affairs initially
rated your back condition at 20%, rather than at 50% as you
contended in your application.
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,
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