DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 07993-08
19 March 2009
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 on5 March 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 enlisted in the Navy on 2 June 1978.
You underwent a pre-separation physical examination on 28 May
1982 and were found physically qualified for release from active
duty. There is no indication in the available records that you
were on medical hold at that time, or that you were in need of
further medical treatment or evaluation. You were released from
active duty on 1 June 1982 and transferred to the Navy Reserve,
where you continued to serve until you completed sufficient
service to qualify for retired pay at age 60. On 3 May 2005, 4
April 2007 and 10 April 2008, the Departinent of Veterans Affairs
(VA) denied your requests for service connection for multiple
conditions.
The Board noted that it does not have the authority to direct
the VA to take favorable action in your behalf. It concluded
that in the absence of evidence which demonstrates that you were
unfit to reasonably perform the duties of your office, grade,
rank or rating by reason of physical disability on 1 June 1982,
or that you later became unfit for further service as a result
of your service in the Navy Reserve, there is no basis for
recommending any corrective action in your case. Accordingly,
The names and votes of the
your application has been denied.
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 fora correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Lear
W. DEAN PFE
Executive Di O
NAVY | BCNR | CY2009 | 03344-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 August 2009. The fact that you received an honorable discharge from the Navy Reserve in 1982 , was not considered to be probative of the existence of error or injustice in connection with your release from active in 1980. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 06782-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 11037-08
As a result of that rating action, your case was referred to the Bureau of Medicine and Surgery for review. After being advised of the options available.to you, you elected to request transfer to the Retired List of the Marine Corps Reserve with entitlement to retired pay at age 60. 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.
NAVY | BCNR | CY2008 | 10767-08
oe A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 September 2009. You did not complete any Reserve drilis or active duty service after that date. 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.
NAVY | BCNR | CY1999 | 04879-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 12170-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2009. You were discharged from the Marine Corps on 10 May 1978. 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.
NAVY | BCNR | CY2010 | 00290-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. In the absence of evidence which demonstrates that you were not physically qualified for release from active duty on 2 October 2008, or that you were unfit for duty by reason of physical disability on 27 May 2009, when you were discharged by reason of physical fitness assessment failure, the Board was unable to recommend any corrective action in...
NAVY | BCNR | CY2008 | 09422-08
A three-member panel of the Board for Coxrection of Naval Records, sitting in executive session, considered your application on 16 July 2009. In the absence of evidence which demonstrates that you were unfit to reasonably perform your duties at the time of your release from active duty, the Board was unable to recommend corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 04094-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. 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. The VA rating officials who made that award found no objective evidence in your naval health record that was pertinent to your claim, and they...
NAVY | BCNR | CY2010 | 04280-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1” February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...