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NAVY | BCNR | CY2008 | 05764-08
Original file (05764-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 05764-08

22 August 2008

 

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 21 August 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, it considered the

comments of your counsel.

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 evaluated by a medical board on 12
January 1962 and found fit for duty, notwithstanding the fact

that you had accidentally shot-off a portion of your left fifth
finger. You were subsequently found unsuitable for further

service due to a personality disorder. You were discharged by
reason of unsuitability on 12 February 1957.
In the absence of evidence which demonstrates that you were
unfit for duty by reason of physical disability that was
incurred in the line of duty during your naval service, the
Board was unable to recommend any corrective action in your
case. 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,
in
W. DEAN

 

Executive D

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