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NAVY | BCNR | CY2008 | 06070-08
Original file (06070-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 GRE
Docket No. 06070-08
11 May 2009

 

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 23 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 served on active duty in the Navy from
°30 May 1978 to 28 June 1982, when you were released from active
duty and transferred to the Temporary Disability Retired List.
You were permanently retired by reason of physical disability
effective 1 November 1985.

The Board concluded that as you did not serve on active duty
between 28 June 1982 and 1 November 1985, there is no basis for
granting you active duty service credit for that period.
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,

Rs DDS TORR,

ROBERT D.\#ZSALMAN
Acting Executive Director

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