DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 1164-13
2014
16 Tama
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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
2
ication on 16 January 2014. Your allegations of error and
injustice were reviewed in ac
= cordance with administrative
regulations and procedures applicable to the proceedings
this Board. Documentary material considered by the Boa
consisted of your application, together with all material
submitted in support thereof, your naval record and applicable
statutes, regulations and policies.
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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 found that
you were not entitled to remain on active duty until you had
completed twenty years of active service because the 10 U.S.
Code 1176 provides for sanctuary only to service members not
separated under other provisions of law, such as 10 U.S. Code
1203 in your case. Accordingly, and as you did not submit any
new material evidence in support of your previous request for
correction of your record to show that you were retired by reason
of physical disability, your application has been denied. The
mames 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,
(SS fm
ROBERT D. ZSALMAN
Acting Executive Director
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