DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX,
WASHINGTON DG 20370-5100
JRE
# Docket No. 10731-a9
, 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 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
6 December 1985 to 28 January 1986, when you were discharged by
reason of unsatisfactory entry level performance, due to your
inability to successfully complete the academic portion of
recruit training.
Although you were briefly hospitalized for treatment of
hemorraghic gastritis during late December 1985, you were
returned to duty upon your release from the hospital. As you
have not demonstrated that you were unfit for duty by reason of
physical disability on the date of your entry level separation,
the Board was unable to recommend that you record be corrected
to show that you were separated or retired from the Navy by
reason of physical disability. 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,
\y
W. DEAN PRE
Executive Darectbr
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