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Decision Text

NAVY | BCNR | CY1999 | 00093-99
Original file (00093-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

JRE 
Docket No:  93-99 
21 June  1999 

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  17 June  1999.  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  enlisted in  the Navy  on  6 February  1952.  You  received  medical 
treatment on  17 and  24  April  1953 for a suspected foreign body  in your left eye, with 
slightly decreased visual acuity.  Your vision  had  returned  to normal as of  26 January  1956, 
when  you  underwent a pre-separation  physical  examination, and  were found to have 20120 
vision in  both  eyes.  You  did not disclose any potentially disqualifying defects at that time, 
despite being admonished to do so.  You  were released  from active duty on  30 January  1956, 
and  transferred to the Naval  Reserve. 

The Board  was  not persuaded that  your pre-separation physical examination was  deficient, or 
that you  were unfit by  reason  of  physical disability at that time.  It noted  that the mere 
presence of  a retained  foreign body  in  your eye, without evidence of  unfitness to perform the 
duties of  your rate, would  not  have entitled  you  to disability separation or retirement. 
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  PFEIFFER 
Executive Director 



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