DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100 .
JRE
Docket No. 09731-08
14 August 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 on 6 August 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. In addition, the Board considered the
advisory opinion Furnished by Commandant of the Marine Corps ,
dated 20 May and 10 June 2009. A copy of each opinion is
attached.
“After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
snsufficient to establish the existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion
dated 10 dune 2009, which establishes that you were not eligible
for promotion consideration prior to your discharge by reason of
physical disability. The Board did not forward your case to the
Physical Evaluation Board as recommended in the opinion dated 20
May 2009, because jt is clear from your record and application
that you waived the right to he continued on active duty unt id
your completed 20 years of achive service.
In view of the foregoing, and as there is no indication in the
available records that your decision to accept severance pay wae
involuntary or otherwise improper, Of that you should have
received a disability rating of 30% or higher, 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 oF injustice.
Sincerely,
W. DEAN PFE
Executive D
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