DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05573-09
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, in which you requested, in
effect, that your record be corrected to show that you completed
twenty years of active. duty service.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 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.
The Board found that on 14 February 1997, the Physical
Evaluation Board (PEB) made preliminary findings that you were
unfit for duty due to a heart condition that was rated at 60%
disabling. You accepted that finding on 25 February 1997, and
you were released. from active duty on 27 August 1994 and
transferred to the Temporary Disability Retired List (CEDRL) ,
haying completed 19 years, 8 months and 20 days of active duty
service. Thereafter, you were permanently retired by reason of
physical disability with a 60% rating.
The Board concluded that although you were released from active
duty approximately three months before you would have completed
20 years of active duty service, you have not demonstrated that
it. would be in the interest of justice for the Board to grant
you active duty service credit for service you did not perform.
Accordingly, 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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