DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05715-08
11 May 2009
Dear ai
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. You requested correction of
your record to show, in effect, that your military retired pay
was awarded for a disability caused by an instrumentality of war
and incurred in the line of duty during a period of war.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 April 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,
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 were released from active duty and
transferred to the Fleet Reserve in 1993 upon your completion of
25 years and 3 days of active duty service. As you have not
demonstrated that you were unfit for duty by reason of physical
disability at that time, and as you were not diagnosed with
prostrate cancer until 2003, there is no basis for correcting
your record to show that you were retired by reason of physical
disability. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
Tt 1g 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,
ROBERT D>~ZSALMAN
Acting Executive Director
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