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

JRE
Docket No. 03863-06
11 May 2007

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 10 May 2007. 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 sustained minor injuries in a single vehicle motorcycle accident on 15 October 1973 when you lost control of the motorcycle. The Board was unable to obtain the report of the line of duty investigation into the circumstances of the accident; however, the Board noted that the accident report that was prepared by a civilian police officer indicates your use of alcohol and the operation of the motor cycle at an excessive speed contributed to the accident. As there were no significant residuals of your injuries, you were not referred to the Navy disability system prior to your release from active duty 
in 1976. On 21 January 1977, Veterans Administration (VA) officials determined that your injuries were sustained as a result of your willful misconduct, and that determination was confirmed on 24 June 2004.

The Board rejected your unsubstantiated contention to the effect that the injuries you sustained on 15 October 1973 were incurred in the line of duty and not as a result of your misconduct. Accordingly, 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 PFIEFFER
						Executive Director