DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 02676-08
10 July 2009
This is in veference 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
support thereof, your naval record and applicable statutes,
reguiations and policies. In addition, the Board considered the
advisory opinion furnished by the Commander, Navy Personnel .
Command, dated 15 April 2009, a copy of which is attached, and
your response thereto.
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 concurred with the comments
contained in the advisory opinion to the extent that your
record, as updated by the Defense Finance and Accounting
Service, indicates that you have been paid as a commander since
your transfer to the Temporary Disability Retired List (TDRL) on
1 October 2006, and that you have continued to be paid in that
grade since your permanent retirement by reason of physical
disability effective 1 October 2008.
With regard to your amended request for correction of your
record to show that you were not released from active duty on 12
June 2004 and that you remained on active duty until your
transfer to the TDRL on 1 October 2006, the Board concluded that
you have not demonstrated that your release from active duty in
2004 was erroneous or unjust. It noted that you were considered
examined and found fit for duty prior to your release from
active duty. In addition, the Physical Evaluation Board (PEB)
that considered your case on 18 August 2005 found you fit for
duty. The subsequent change in the diagnosis of your condition
and the determination by the PEB that you were unfit for duty in
2006, do not establish that you were unfit for duty when you
were released from active duty in 2004, or that you were
entitled to be retained on active duty.
In view of the foregoing, 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 nét 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,
\s
W. DEAN
Executive
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