DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51 00

JRE
Docket No. 02638-06
11 September 2006

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 8 September 2006. 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.

The Board found that you entered on active duty in the Navy on 6 September 1972. On 28 July 1976, you underwent a pre-separation physical examination and were found to be physically qualified for release from active duty. On 3 August 1976, you signed a service record entry in which you acknowledged that you did not intend to reenlist. You were released from active duty on 1 September 1976, and transferred to the Naval Reserve.

As the available records do not demonstrate that you were unfit to reasonably perform the duties of your rate by reason of physical disability at the time of your release from active duty, or that you were awarded the Navy Cross, Bronze Star Medal with “V’1 device, or
other personal decorations, the Board was unable to recommend any corrective action in your case. Although it appears that you may be entitled to certain service medals that are not reflected on your DD Form 214, the Board did not consider that portion of your request because you have not exhausted an available administrative remedy by submitting a request for those medals to the Commander, Navy Personnel Command.

In view of the foregoing, your application has been denied. The names and votes of the members of the panel 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. 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