DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL. RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100
Docket No. 00428-08
7 October 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 2 October 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 were released from active duty on 15
May 1997 and transferred to the Temporary Disability Retired
List (TDRL) the following day with a 40% disability rating for
diabetes mellitus. The Department of Veterans Affairs (VA)
awarded you a rating of 20% for that condition effective 16 May
1997. On 29 April 2005, the President, Physical Evaluation
Board, directed that your name be removed from the TDRL due to
your failure to report for a final periodic physical
examination.
In the absence of evidence which demonstrates that it would be
in the interest of justice to excuse your failure to undergo a
final periodic physical examination, and restore your name to
the TDRL, the Board was unable to recommend favorable 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,
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