DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 03672-10
14 February 2011
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 10
February 2011. 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 served on active duty in the Navy from 21 October 1997 to 29 March
2007, when you were voluntarily discharged by reason of completion
of required active service. You were assigned a reentry code of
RE-R1 to indicate that you were fully qualified and recommended for
Further service and not suffering from any disqualifying medical
conditions.
The Board concluded that your receipt of disability ratings from the
Department of Veterans Affairs (VA) for a number of conditions that
were incurred during your service is not probative of the existence
of error or injustice in your naval record because the VA awarded
those ratings without regard to the issue of your fitness for military
duty at the time of your discharge. the absence of evidence which
demonstrates that you were unfit to reasonably perform the duties
of your office, grade, rank or rating on 29 March 2007, the Board
was unable to recommend approval of your request for correction of
your record to show that you were retired by reason of physical
disability. In addition, the Board was not persuaded that it would
be in the interest of justice for it to create a record of unspecified
medical treatment you contend you underwent “while stationed in
Korea" .
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,
W. DEAN P
Executive H or
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