DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 02672-08
29 June 2009
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 25 June 2009. 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
Bupport 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 initially enlisted in the Navy on 2
April 1984. You were released from active duty on 1 April 1988,
and issued a DD Form 214 which shows that you completed four
years of active service as of that date. You reenlisted on 2
April 1988 and served until 1 April 2004, when you were released
from active duty and transferred to the Temporary Disability
Retired List. Due to apparent administrative error or
oversight, you were issued a DD Form 214 which covered the
period from 2 April 1988 to 31 March 2004, a period of 15 years,
11 months and 29 days, and a total period of active service of
19 years, 11 months and 29 days. On 21 July 2006, you were
issued a DD Form 215 which shows that you remained on active
duty until 1 April 2000, and that you completed 20 years of
active duty service.
As your record as now constituted is correct, there is no basis
for granting your request for a new DD Form 214 that covers the
entire period of your active duty service from 2 April 1984 to 1
April 2004. In addition, there does not appear to be any
corrective action necessary in order for you to become entitled
to concurrent receipt of disability retired pay. 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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