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NAVY | BCNR | CY2010 | 11657 10
Original file (11657 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. 11657-10
19 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 18
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 enlisted in the Navy on 24 November 1964. On 5 February 1968
a medical board determined that you suffered from asymptomatic
sarcoidosis, and found you fit for duty. You underwent a
pre-separation physical examination on 17 May 1968 and were found
fit for duty and separation. You were released from active duty on
24 May 1968 and transferred to the Navy Reserve. You were examined
on 7 June 1974 and 2 October 1976 and found fit for duty. On 7
September 2010 the Department of Veterans Affairs (VA) awarded you
a disability rating of 60% for kidney disease thought to be related
to your naval service, and confirmed its previous award of a 0% rating
for sarcoidosis.

In the absence of evidence which demonstrates that you were unfit
to reasonably perform your duties by reason of physical disability
on 24 May 1968, 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
error or injustice.

Sincerely,

Lo Dende

W. DEAN PFE
Executive Dsrevetor

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