DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12523-0939
9 April 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 8 April 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 connection, the Board found that
although you sustained a minor ankle injury during your thirty-
one days of naval service, you were discharged by reason of
erroneous entry because of your disqualifying mental disorders
that existed prior to your enlistment. In the absence of
evidence which demonstrates that you were unfit to reasonably
perform your duties because of the effects of the ankle injury,
the Board was unable to recommend any 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,
Ly Koa?
W. DEAN PFEAF
Executive Director
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