DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06945-09
1 October 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 30
September 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, 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 INjJUStACce .
The Board found that you were discharged from the Navy Reserve in
2005 by reason of unsatisfactory participation, based on your failure
to respond to official correspondence concerning your dental class
III status. Although it appears that you attempted to apply for line
of duty (LOD) benefits for an injury you state you sustained while
performing duty in the Navy Reserve, the available records are
insufficient to substantiate your claim LOD claim, establish that
you were unfit for duty by reason of physical disability, or to excuse
your failure to respond to official correspondence concerning your
dental class III status. Accordingly, your application has been
7 roa
f the members of the panel will be
denied. The names and votes of
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.
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