DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11133-10:
5 August 2011
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 4 August
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 served on active duty in the Navy from 26 May to 15 December 2009,
when you were administratively discharged by reason of erroneous
entry. Your enlistment was considered erroneous because you would
not have been permitted to enlist had procurement officials been
advised of the injuries you had sustained in a motor vehicle accident
prior to your entry on active duty. You were not entitled to a
“medical discharge” because you were not considered unfit for duty
by reason of physical disability that was incurred in or aggravated
by ‘your naval service.
In view of the foregoing, and in the absence of evidence which
demonstrates that you were unfit for duty by reason of physical
Be
disability, 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,
\ySv ons
W. sessed
Executive Dive r
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