DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	2 NAVY ANNEX 
	WASHINGTON DC 20370-5100	

		JRE
				    Docket No. 07865-03
13 August 2004

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 5 August 2004. 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. In addition, the Board considered the advisory opinion furnished by Commander, Navy Personnel Command dated 8 June 2004, a copy of which is attached

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. The Board concluded that “hazardous duty” is a term officially applied to only those duties listed in the section of the DOD Financial Management Regulation cited in the advisory opinion. As you did not perform any of the enumerated duties, there is no basis for granting your request. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

If you believe that you have a disability that is combat related, you should submit an application for Combat-Related Special Compensation. In the event you submit such a request, and it is denied, you may resubmit an application for correction of your naval record.

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. In this 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. DEAN PFEIFFER
Executive Director