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NAVY | BCNR | CY2009 | 04785-09
Original file (04785-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100 |

 

JRE

Docket No. 04785-09
7 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 1 October 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. In this regard, the Board concluded that
theré is no basis for correcting your record to show that the
period of time your name was on the Temporary Disability Retired
List prior to your permanent retirement should be credited ag
active duty service, as you were retired during that period and
not on active duty. Accordingly, your application has been _

denied. The names and votes of the members of the panel will be
furnished upon request.

ft is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have

4
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,
W. DEAN PREYF
Executive Die xX

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