BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 1735-13
13 December 2013
Dear¥
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
tates Code, section 1552.
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 —Erom 3 November 1972 to
18 April 1977, when you were transferred to the Temporary
Disability Retired List (TDRL). On 12 May 1979, the Secretary
of the Navy found you fit for duty and directed that you be given
the opportunity to reenlist. As you did not take advantage of
that opportunity, your name was removed from the TDRL and you
were administratively discharged from the Navy.
The fact that your condition has been rated at 30% by the
Department of Veterans Affairs (VA) since 1977 is not probative
of the existence of error or injustice in your naval record,
because the VA assigned that rating without regard to the issue
of your fitness for naval service. In the absence of evidence
which demonstrates that the Secretary of the Navy erred when
he found you fit for duty, 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,
W. so Files
Executive Mi tlor
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