DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
LCC
Docket No. 5450-08
14 Oct 08
Dear api, in
This is in reference to your application for correction of your naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
14 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. In addition, the Board
considered the advisory opinion furnished by Bureau of Medicine and
Surgery letter 5420 Ser MO00C/08UM00C2141 of 25 September 2008, a copy
of which is attached.
Prior to preparing the advisory opinion, the Bureau of Medicine and
Surgery convened a board of dentists to review your application and
the available records. That board found that there was insufficient
evidence to show any error or injustice in the discharge examination.
Your records showed a history of bruxism. They also showed that you
were found physically qualified for separation after a separation
dental exam on 22 June 2007. There is no evidence that you were
experiencing any symptoms associated with cracks in your teeth before
your discharge. Your cracks, if any, were likely superficial and
required no treatment prior to your discharge. Simply because, six
months later, with input from a civilian dentist, you chose to receive
treatment does not mean that an error was made prior to your
discharge.
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 connection, the Board substantially concurred with the comments
contained in the advisory opinion. Accordingly, your application has
been denied.
furnished upon request.
It is regretted that the circumstang
favorable action cannot be taken.
reconsider its decision upon submis
or other matter not previously cons
regard,
regularity attaches to all official
The names and votes of
Docket No. 5450-08
the members of the panel will be
Les of your case are such that
ou are entitled to have the Board
ion of new and material evidence
dered by the Board. In this
it is also important to keep in mind that a presumption of
records. Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the
error or injustice.
Enclosure
frexistence of probable material
Sincerely,
LoS ea, |
W. DEAN PFRYFF
Executive Dire
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