DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100 .
JRE
Docket No. 05354-09
15 June 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 11 June 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
xecord, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you served on active duty in the Navy from
28 April to 8 July 1987, when you were discharged without
entitlement to disability benefits by reason of erroneous entry
due to the pre-existing condition of anatomic obstruction of the
nasopharynx. There is no indication in the available records
that you were unfit for duty by reason of physical disability
due to obstructive sleep apnea or other condition Chat was
incurred in or aggravated by your brief period of naval service.
Accordingly, your application has been denied. The names and
em
votes of the members of the panel will be Eurnished 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,
Fau_yW, DEAN PFELFFER
Executive Director
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