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NAVY | BCNR | CY2012 | NR487 12
Original file (NR487 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JRE
Docket No. 487-12

153 Decemper 201%

 

 

Dea

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.

BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 December 2013. 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 24 November 2009 to
19 January 2010, when you were discharged for the convenience
of the government due to patellar tendinitis which, although

not disabling, interfered with your ability to complete entry
level training.
Your reported receipt of a disability rating of 10% from the
Department of Veterans Affairs (VA) is not probative of the
existence of error or injustice in your naval record, because
the VA assigns disability ratings without regard to the issue

of the veteran’s fitness for military service vis-a-vis rated
conditions. As you have not demonstrated that you were unfit
for service by reason of physical disability that was incurred
in or aggravated by your brief period of naval service, 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.

Sincerely,

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