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NAVY | BCNR | CY2010 | 05588-10
Original file (05588-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

 

JRE
Docket No. 05588-10
22 July 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. You requested that your record be corrected to
show that you were permanently retired by reason of physical
disability with a disability rating of 50 percent or higher.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 22 July
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, naval record
and applicable statutes, regulations and policies. The Board did
not consider your Department of Veterans Affairs records because you
declined to authorize the release of those records.

After careful and conscientious consideration of the entire record,
the Board found that as you failed to submit any evidence in support
of your application, and as the available records do not establish
that you are entitled to correction of your record to show that you
were permanently retired by reason of physical disability, 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.

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 Roard. iInthis regard, it is important
to keep in mind that evidence is considered new only if it was not
reasonably available to you at the time of your original application.
Evidence is considered material only if it is likely to have a
substantial effect on the outcome of your request for correction of
your record. As a presumption of regularity attaches to all official
records, the burden is on you to demonstrate the existence of probable
material error or injustice in your naval record.

Sincerely, °

Executive tor

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