DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10068-08
24 August 2009
2
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 were discharged by reason of physical
disability on 18 November 1982 with entitlement to disability
severance pay. On 5 August 1993, the Department of Veterans
Affairs (VA) awarded you a 10% rating for bilateral
patellofemoral syndrome, and 0% ratings for a condition of your
right foot and the removal of a lesion from your vocal cords.
The Board found that as the Temporary Early Retirement Authority
was not in effect on the date of your discharge, you were not
eligible to transfer to the Fleet Reserve under that authority.
In addition, the Board was not persuaded that you were
—
discharged in error, or that you should have been retained on
active duty until such time as you qualified for length of
service retirement. 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 entitied 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,
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