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NAVY | BCNR | CY2009 | 10719-09
Original file (10719-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 10719-09
26 March 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 25 March 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 entered on active duty in the Navy on 17 January 1973. On 6
June 1973, a medical board determined that you failed to meet
the minimum standards for enlistment and were unfit for service
due to bilateral pes planus. The medical board recommended that
you be discharged without entitlement to disability
compensation. After being informed of the findings and
recommendation of the medical board, you waived your right to
demand a hearing before a physical evaluation board, and
requested that you be discharged as soon as possible, without
entitlement to disability retirement, severance pay or any
compensation whatsoever. You were discharged in accordance with
your request on 5 July 1973.

As the statements you submitted in support of your application
are insufficient to demonstrate that you were unfit for duty by
reason of a disability that was incurred in or aggravated by
your brief period of naval service, the Board was unable to
recommend corrective action in your case. 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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