DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX | JRE
WASHINGTON DC 20370-5100 Docket No. 03962-08
12 December 2008
This is in reference to your request for further consideration
of 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 11 December 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. In this regard, the Board concluded that the
Department of Veterans Affairs (VA) disability ratings you
submitted do not demonstrate that you were unfit for duty by
reason of physical disability on 29 July 2004, when you were
discharged from the Navy Reserve. Accordingly, the Board
confirmed its previous decision and denied your request for
correction of your record. 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,
Lo dena?
W. DEAN PFET
Executive Ditrdc
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