DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
- WASHINGTON DC 20370-5100
JRE
Docket No. 10630-09
11 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 executive session, considered your
application on 10 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
24 February 1984 to 2 March 1988, when you were released from
active duty and transferred to the Temporary Disability Retired
List. You were permanently retired .by reason of physical
disability effective 3 March 1993.
The Board was not persuaded that you should have been
permanently retired by reason of physical disability in 1988,
vice transferred to the TDRL at that time and permanently
retired five years later. Accordingly, there is not -basis for
recommending any corrective action in your case, and your
application has been. denied. The names and votes of the members
of the panel will be furnished upon request.
Enclosed is a copy of a letter dated 23 November 1993 which
notified you of your permanent retirement by reason of physical
disability. I suggest you attach a copy to your DD Form 214 to
preclude any misunderstanding or confusion your employer may
have concerning your status in the Navy.
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,
\pNor Sel:
W. DE
Executive
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