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NAVY | BCNR | CY2008 | 01892-08
Original file (01892-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

 

JRE
Docket No. 01892-08
28 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 23 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 was unable to accept your uncorroborated contentention
to the effect that you sustained a mortar wound while serving at
Naval Support Activity Danang, Vietnam, in 1970. In addition,
it noted that you were released from active duty on 27 April
1971 in grade E-3 because you were reduced to that grade on 23
April 1971 pursuant to the sentence of a summary court-martial.
Your promotion to E-4 while a member of the Navy Reserve is not
a valid basis for amending your DD Form 214 to show that you
held that grade on the date of your release from active duty.
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 fora correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.

Sincerely,

   

Executive Dil

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