DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03780-09
23 August 2010
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 12
August 2010. 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, reguiations 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. In
this connection, the Board concurred with the enclosed determination
of the Deputy Assistant Judge Advocate General (Administrative Law).
In addition, the Board was not persuaded that you were released from
active duty in error on 10 May 2003 while suffering from disabling
conditions that were incurred in or aggravated by your service in
the Navy Reserve. Your receipt of disability compensation from the
Department of Veterans affairs for conditions the VA determined are
“service connected” is not probative of the existence of error or
injustice in your naval record.
As you were not selected for advancement to chief petty officer, E-7,
there is no basis for granting your request for correction of your
record to show that you were advanced to that grade prior to your
retirement.
In view of the foregoing, 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,
Leo
W. DEAN PFE
Executive DiPéc
Enclosure
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