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NAVY | BCNR | CY2009 | 10803-09
Original file (10803-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 10803-0609

8 January 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 7 January 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. In this regard, the Board found that you
were released from active duty on 25 August 1987 and transferred
to the Temporary Disability Retired List the following day. You
were permanently retired by reason of physical disability
effective 1 June 1989.

In the absence of evidence which demonstrates that you should
have been permanently retired on 26 August 1987, vice 1 June
‘1989, the Board was unable to recommend any corrective action in
your case. It noted that you were not entitled to a DD Form 214
on 1 June 1889 because you were not released from active duty on
that date, and had not served on active duty since 25 August
1987. The Board suggested that you attach a copy of the
enclosed retirement order to you DD Form 214 to clarify your

status for potential employers and other interested parties.

In view of the foregoing, 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,

\S Sai!
Executive Biré te

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