DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09282-07
9 May 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 8 May 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
comments of your counsel, the American Legion.
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
24 August to 22 September 1998, when you were discharged by
reason of erroneous entry.
You were discharged, without objection from you, because of
disqualifying abdominal pain that caused by multiple pre-service
gynecological surgical procedures and related scarring. There
is no indication in the available records that you were unfit
for duty by reason of a condition that was incurred in or
aggravated by your brief period of naval service. In the
absence of such evidence, there is no basis for correcting your
record to show that you were discharged by. reason of physical
disability. 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. 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,
a ~
\ Ne “Re
ROBERT D. SALMAN
Acting Executive Director
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