Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 09584-09
Original file (09584-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 09584-09
22 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 4 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 wae
insufficient to establish the existence of probable material
“error or injustice. In this regard, the Board concluded that
your unsubstantiated contention to the effect that you sustained
a head injury while serving in combat in 1972 is insufficient to
demonstrate that the injury occurred, and that it does not
provide an adequate basis for correcting your record to show
that such an injury occurred. 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,

Dee 0
W. DEAN OW
Executive D

Similar Decisions

  • NAVY | BCNR | CY2010 | 11165-10

    Original file (11165-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 04429-09

    Original file (04429-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2010. In this regard, the Board found that the Department of Veterans Affairs (VA) rating officials who determined that your injuries were incurred in the line of duty misread the Findings of the Physical Evaluation Board Proceedings dated 12 May 2008, and erroneously awarded you service connection for the residuals of those injuries. Consequently,...

  • NAVY | BCNR | CY2009 | 02771-09

    Original file (02771-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2010. Your receipt of disability ratings from the VA is not probative of the existence of error or injustice in your naval record because the VA assigned those ratings without regard to the issue of your fitness. Consequently, when applying for a correction of an official naval record, the burden -is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 00290-10

    Original file (00290-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 October 2010. In the absence of evidence which demonstrates that you were not physically qualified for release from active duty on 2 October 2008, or that you were unfit for duty by reason of physical disability on 27 May 2009, when you were discharged by reason of physical fitness assessment failure, the Board was unable to recommend any corrective action in...

  • NAVY | BCNR | CY2010 | 04963-10

    Original file (04963-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is,on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 07172-09

    Original file (07172-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 12362-09

    Original file (12362-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 February 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2006 | 06103-06

    Original file (06103-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 February 2007. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 07705-09

    Original file (07705-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 September 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, available your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...

  • NAVY | BCNR | CY2005 | 08695-05

    Original file (08695-05.rtf) Auto-classification: Denied

    08695-05 6 November 2006This is in reference to your application for correction of your navalrecord 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, consideredyour application on 26 October 2006. Documentary material considered by the Board consisted of your application, together with all material submitted insupport thereof, yournaval recordandapplicable statutes,...