DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 2042-17 
OCT 09 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 use 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 7 September 2017. The names and votes ofthe members ofthe panel will be 
furnished upon request. Your allegations oferror 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 ofyour application, together with all 
material submitted in support thereof, relevant portions of your naval record and applicable 
statutes, regulations and policies. 

A review ofyour record shows that you entered the Navy Reserve in December 1984. On 7 
January 1989, you were excused from your drill due to hospitalization associated with an 
automobile accident. You were discharged from the Navy Reserve on 20 December 1992 at the 
end ofyour obligated service. 

The Board carefully considered your arguments that you were injured in the line of duty on 7 January 1989 as a result ofan automobile accident. You assert that you were involved in an accident on your way to your Reserve unit and require a Line ofDuty finding recording your injuries. Unfortunately, the Board lacked sufficient evidence to grant relief in your case. There was insufficient evidence that a line ofduty investigation was required in your case. You provided a standard form excusing you from your drill obligation due to a period of hospitalization. The form does not provide any specifics regarding the date, time, or location of your accident that could be used as a basis for a finding that you were in the line of duty. Absent additional evidence to consider, the Board was unable to determine whether you were in the line ofduty during your accident or even ifa line ofduty investigation was required. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director