DEPARTMENT GF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
URE
Docket No, 11886-08
26 October 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 3 September 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 on 7 May 1998, the Physical Evaluation
Board (PEB) made preliminary findings that you were unfit for
duty due to chondromalacia of the right knee and that the
disability was ratable at 10%. You accepted those findings on
15 August 2008 and waived your right to a formal hearing before
the PEB. In a message dated 28 August 2008, the Commander, Navy
Personnel Command, directed that you be discharged with
entitlement to disability severance pay. Thereafter, you changed
your mind and requested that you be retained on active duty. No
action was taken on that request because your case had been
finalized by the PEB.
The Board concluded that your belated decision to request
retention in the Navy Reserve in lieu of discharge, and to
undergo elective knee surgery, are insufficient to demonstrate
that you were improperly found unfit for duty by the PEB, or to
warrant rescinding the orders that directed your discharge from
the Navy Reserve. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
The Board suggested that you consider applying for reenlistment
in the Navy Reserve if you believe you are fit for duty at the
present time.
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,
\p\ood
Ww. mle
Executive . tor
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