DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
pocket No. 03920-10-
28 May 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.
R three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 28 May
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.
You enlisted in the Navy on 18 October 1967. On 11 April 1969 a
medical board gave you a4 diagnosis of spondylolisthesis, L5 on Si,
existed prior to entry, not aggravated by service, and recommended
that you be discharged without entitlement to disability benefits
administered by the Department of the Navy. vou accepted the findings
and recommendation of the medical board on 11 April 1969, waived your
right to appear before a physical evaluation board, and requested
that you be administratively discharged as soom as possible without
entitlement to digability retired pay of severance pay. You were
discharged in accordance with your request on 24 June 1969.
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 naval service, 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 chat
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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