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Decision Text

NAVY | BCNR | CY2007 | 08412-07
Original file (08412-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 08412-07

22 August 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, in which you requested, in
effect, that your record be corrected to show that you were
transferred to the Fleet Reserve on 23 May 1992, vice
permanently retired with a disability rating of 80%.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 August 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, it found that you were
permanently retired by reason of physical disability on 23 May
1992, with a disability rating of 80%, for diabetes mellitus and
the amputation of your feet. The Board concluded that it would
not be in interest of justice, or your best interest, to correct
your record to show that you transferred to the Fleet Reserve on
that date, upon the completion of 20 years, 6 months and 25 days
of service. Accordingly, 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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