DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket Mo. 04969-10
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.
A 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 were discharged from the Navy Reserve on 7 September 1993 due
to your being found not physically qualified for further service
because of sarcoidosis, a condition unrelated to your service in the
Navy Reserve. 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 in the Navy Reserve, the Board was
unable to recommend that you record be corrected to show that you
were separated or retired by reason of physical disability. The Board
noted that thé determination of whether or not a condition is “service
connected” is a matter within the purview of the Department of
veterans Affairs rather than the Department of the Navy.
7
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,
\p en
W, DEAN PF
Executive D r
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