DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10033-08
24 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 13 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.
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 in the Navy from 6 February 2004
to 24 November 2005, when you were discharged for the
convenience. of the government because of your largely subjective
complaint of lower extremity pain, which was considered a
condition, not a disability, that interfered with your
performance of duty, and rendered you not physically qualified
for a commissioning program. On 24 April 2007, the Department
of Veterans Affairs awarded you ratings of 0% for bilateral
labial tendonitis, and denied your request for service
connection for seven other conditions.
In the absence of evidence which demonstrates that you were
unfit to reasonably perform the duties of your rank by reason of
physical disability that was incurred in or aggravated by your
period of 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,
La
W. DEAN E ER
Executive ctor
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