iti.
MeooE
POD DEPARTMENT OF THE NAVY
AN BOARD FOR CORRECTION OF NAVAL RECORDS
mt 701 §. COURTHOUSE ROAD SUITE 1001
ARLINGTON, VA 22201-2490
WJH
Docket No: 7290-11
25 Sep 2012
—
This is in reference to your application for correction of naval
record pursuant to the provisions of 10 USC 1552.
A three-member panel of. the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 September 2012. Your allegations of error and
injustice were reviewed in accordance with the 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. In addition, the Board considered the
advisory opinion furnished by the CNO letter 7220 Ser
N130C4/11U1011 of 2 Dec 2011, a copy of which is attached and
was previously furnished to you.
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. In this connection the Board substantially
concurred with the comments contained in the advisory opinion.
In the Board’s view, you could have sought to continue your
active naval career. However, you submitted a request to be
considered for involuntary separation vice being continued on
active duty. Even when given an opportunity to seek
continuation, you did not seek further active service.
Moreover, you have already been awarded VA disability
compensation which, by law, offsets separation pay. Under these
circumstances, the Board determined that no relief should be
granted to award you involuntary separation pay. Accordingly,
yeur application has been denied. The names and votes of the
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 also 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
inj USsE1LCé .
Sincerely,
4
Dlipsde
Executive Diwectiar
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