DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
JRE ,
Docket No. 12163-10
11 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 11
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 entered active duty in the Navy on 21 October 1965. You sought
medical treatment for back pain on 23 November 1965 and reported that
you had injured your back about three months earlier. You were
discharged from the Navy on 22 July 1966, without entitlement to
disability benefits, by reason of chronic low back strain that
existed prior to your enlistment and was not aggravated by your naval
service.
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 naval service, the Board was unable to recommend
favorable action on your application. 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,
Wena.
W. DEAN PP
Executive Divector
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