DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 00080-09
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 initially enlisted in the Navy on 3
September 1968. You underwent a pre-separation physical
examination on 26 December 1979 and were found fit for
Separation. You were honorably discharged on 5 January. 1980.
On 1 July 2008, the Department of Veterans Affairs awarded you a
0% rating for status post ureterolithotomy effective 29 July
2002.
The Board carefully considered your contention to the effect
that you were found not physically qualified for commissioning
in 1986, but found it insufficient to demonstrate that you were
unfit for duty and entitled to medical separation or ratiremant
*jin 1979. In this regard, the Board noted that a former service
member who attempts to reenter the military service after a
substantial break in service must meet procurement physical
standards, which are more stringent than the retention standards
that you met when you were examined on 26 December 1979.
Accordingly, and as you have not demonstrated that you were
unfit for duty on 5 January 1980, 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,
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