DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 09202-08
23 November 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.
RK three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 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. In this connéction, the Board concurred with
the determination of the Department of the Navy Traumatic
Servicemembers’ [sic] Group Life Insurance Appeals Board that the
preponderance of the evidence indicated that your loss of
ability to perform two or more activities of daily living (ADL)
aid not extend for thirty consecutive days. 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. I£ you
request reconsideration, you should submit a statement and
supporting evidence which describes in detail which two or more
ADLs you were incapable of performing without assistance for
thirty consecutive days, and what factors prevented you from
doing so, for example, that due to severe pain in your leg/arm,
you were unable to, and did not, put on a pair of trousers by
yourself from X to X, a period in excess of thirty days.
Sincerely,
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Ara PAE ee uu ARLINGTON VA 22204-2490 Chairman, Board for Correction of Naval Records Secretary Of the Navy SE (a) Title 10 U.B.G.. 1552 (1) DD Form 14° w/attachments (2) Advisory Opinion (A/O) from Headquarters Marine Corps (HOMC) meme Traumatic Servicemembers’ Group Life Insurance (TSGLI) Co¢rdinator, Wounded Warrior Regiment of 16 Apr 2014 (3) Chronologi¢al Record of Medical Care of 24 Aug 2009 and Radiology j.esults ico fof 25 Apr 2009 Statement rom of 27 Apr 2014 Statement ‘rom of 25...
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