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NAVY | BCNR | CY2008 | 01325-08
Original file (01325-08.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                             JRE
                                                                                           Docket No. 01325-08
                                                                                          3 March 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 28 February 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 enlisted in the Navy on 28 September 1972. On 24 October 1972, a medical board gave you a diagnosis of perforation, right tympanic membrane, existed prior to enlistment, not service aggravated, and recommended that you be discharged by reason of erroneous enlistment due to your failure to meet the minimum physical standards for enlistment. After being advised of the findings and recommendation of the medical board, you declined to submit a statement in rebuttal thereto or to demand a hearing before the Physical Evaluation Board. You were honorably discharged on 26 October 1972, in accordance with the approved findings and recommendation of the medical board.
In the absence of evidence which demonstrates that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your brief period of naval service, 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,



         W. DEAN PFEIFFER
          Executive Director

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