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NAVY | BCNR | CY2010 | 01420-10
Original file (01420-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE

WASHINGTON DC 20370-5100
Docket No. 01420-1060
9 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 Cede, section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 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. 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.

On 24 May 1983, you waived your right to appear before a
physical evaluation board and requested that you be
administratively discharged as soon as possible without
entitlement to disability benefits administered by the
Department of the Navy. Your request was granted, and you were
discharged on 1 June 1983, having completed 3 months and 29 days
of service. The available records indicate that you had
recovered from recurrent meningitis, but were considered unfit
for duty because of an immune system deficiency that existed
prior to your enlistment. In the absence of evidence which
demonstrates that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your service,
there is no basis for granting your request. 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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