DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08470-07
17 June 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 12 June 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.
The Board found that you served on active duty in the Navy from
29 November 1994 to 16 October 1998, when you were transferred
to the Individual Ready Reserve. You were considered fit for
duty at that tip. You transferred to the Selected Reserve on 26
October 1999. On 19 January 2000, you complained of a one-month
history of weakness. You were ultimately given a diagnosis of
renal failure with chronic glomerulonephritis. The Department
of Veterans Affairs granted you service connection for that
condition effective 3 March 2000, after resolving doubt in your
favor, that the condition , although not diagnosed within one-
year of your release from active duty, was manifest to a degree
of disability of at least 10% during the one-year presumptive
period.
Your contention that your disability was diagnosed while you
were on active duty in the Navy Reserve is not substantiated. In
the absence of evidence which demonstrates that you were unfit
for duty on or before 16 October 1998, or you're your condition
was incurred in or aggravated by your service in the Navy
Reserve, the Board was unable to recommend any corrective action
in your case. 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,
Lo Nae
W. DEAN P
Executive D or
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