DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S. COURTHOUSE ROAD. SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 1299512
Y denuary 2014
Deer Qipmmibeniiaiaitiians
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 9 January 2014. 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 materia
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 were discharged from the Navy on 19 June 2012 by reason of
your failure to conform to Navy body composition assessment
Standards. You were considered physically qualified for
separation at that time, and you indicated in a Report of Medical
Assessment completed in connection with your pre-separation
physical examination that you did not suffer from any conditions
which limited your ability to work in your military specialty
or required geographic or assignment limitations.
Your receipt of substantial disability ratings from the
Department of Veterans Affairs (VA) effective the day following
your discharge from the Navy was not considered probative of
the existence of error or injustice in your naval record because
the VA awarded those ratings without regard to the issue of your
fitness for naval service. As you have not demonstrated that
you were unfit for duty on 19 June 2012, the Board was unable
to recommend favorable action on your request. Accordingly,
your application has been denied. The names and votes of the
panel members 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. Inthis 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.
Bincerely,
: Prd d , Se mings
ROBERT D. ™“ZSALMAN
Acting Executive Director
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