DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08053-09
. 18 December 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 executivé session, considered your
application on 17 December 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 you served on active duty in the Navy from
22 June 2007 to 1 August 2007, when you were discharged by
reason of erroneous entry due to a stress fracture of your left
foot which, by your own admission, had been painful for the
preceding seven months. On 24 October 2008, the Department of
Veterans Affairs (VA) granted you a convalescent rating of 100%
for the fracture from 2 August to 31 November 2007, and a 0% ;
rating from 1 December 2007. The VA assigned those ratings after
after intentionally disregarding your statement concerning your
pre-service history of foot pain.
As you have not demonstrated that yqur foot condition was
incurred in or aggravated by your brief period of naval service,
the Board was unable to recommend favorable action on your
request. 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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