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NAVY | BCNR | CY2010 | 05600-10
Original file (05600-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE

Docket No. 05600-10
28 March 2011

 

 

plication for correction of your naval
f 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 24 March
2011. Your allegations of error and injustice were reviewed in

dance with administrative regulations and procedures
the proceedings of this Board. Documentary material

he Board consisted of your application, together with
your naval record and

accor
applicable to

considered by t
all material submitted jn support thereof,

applicable statutes, regulations and policies.

After careful and conscientious c

the Board found that the evi
establish the existence of probable mater

tive duty in the Navy From 28 December 1962 to 28

You served on ac
leased from active duty and

December 1966, when you were re
transferred to the Naval Reserve. You were not eligible for

to pay grade E-4 on the latter date because you had
unishment on 22 December 1966, and were reduced

to pay grade E-2. On 8 October 2008 the Department of Veterans Affairs
(VA) denied your request for service connection and disability
compensation for burns and a hernia. Although the VA acknowledged

that you had sustained burns and undergone a hernia operation while
you were on active duty in the Navy, Lt denied your request for service
connection for those conditions because neither was symptomatic in

2008.

advancement
received nonjudicial p
In view of the foregoing, and as you have not demonstrated that you
were unfit for duty by reason of physical disability at the time of
your release from active duty, 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
ror other matter not previously considered by the Board. In this
Fregard, it is important to keep in mind that a presumption of
fegularity 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.

x

Sincerely,

Ww)

W. DEAN PFEDFRAR
Executive D tor

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