DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 08534-09
19 February 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 19 February 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 injustice.
You served on active duty from 29 July 1966 to 28 July 1968,
when you were released from active duty and transferred to the
Navy Reserve. Pursuant to the action of the Board dated 15
November 1977, you record was corrected to show that you were
transferred to the Temporary Disability Retired List (TDRL)
effective 28 July 1968, with a disability rating of 30%, and
that you were discharged with entitlement to disability
severance pay on 1 February 1970, with a disability rating of
10%. Your condition was rated at 10% disabling by the Veterans
Administration from 29 July 1968 to 18 March 1976, when it was
increased to 40%.
In the absence of evidence which demonstrates that your
disability was ratable at or above 30% disabling on 1 February
1970, there is no basis for correcting your record to show that
you were retired by reason of physical disability vice
discharged. 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,
W. DEAN PF R
Executive rédtor
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