DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04381-10
22 February 2011
we
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 17
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 were recalled to active duty on 16 November 2001 and served until
28 June 2003, when you were released from active duty by reason of
completion of required active service. You were assigned a reentry
code of RE-R1, which indicates that you were fully qualified and
recommended for reenlistment. You received evaluation reports with
ending dates of 2 June 2003, 15 November 2003, 15 November 2004 and
15 November 2005. Each of those reports indicates that you met
applicable physical readiness standards during the rating period.
You were transferred to the Retired Reserve effective 1 August 2006
pursuant to your request.
Your receipt of disability ratings from the Department of Veterans
Affairs (VA) was not considered probative of the existence of error
or injustice in your naval record. In this regard, the Board found
that the VA assigned those ratings without regard to the issue of
your fitness for duty on 28 June 2003. In the absence of evidence
which demonstrates that you were unfit for duty by reason of physical
disability on that date, the Board was unable to recommend favorable
action on 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
erres ar injustice .
Sincerely,
W. DEAN PFE
Executive D
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