DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 432-99
22 March 1999
This is in reference to your
provisions of title 10 of the United States Code, section 1552.
application for correction of your naval record pursuant to the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 18 March 1999. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
.
After careful and conscientious consideration of the entire record, the Board found that the
was insufficient to establish the existence of probable material error or
evidence submitted
injustice.
The Board found that on 19 October 1988, a medical board gave you a diagnosis of heat
stroke, and referred your case to the Central Physical Evaluation Board (CPEB). On 28
November 1988, the President, CPEB, forwarded the medical board report to the
Commander, Naval Medical Command, for review. On 2 December 1988, the Commander,
Naval Medical Command, notified the Commandant of the Marine Corps, in effect, that your
history of heat stroke was not a physical disability, and that if that condition continued to
interfere with your performance of duty, administrative discharge should be considered.
were discharged administratively on 16 February 1989, for the convenience of the
government, by reason of a condition, not a disability, interfering with your performance of
duty.
You
The Board noted that at the time of your discharge, heat stroke and other disturbances of
heat regulation were specifically excluded from the definition of physical disability employed
by the naval service. Accordingly, and in the absence of any evidence which demonstrates
that you suffered from an unfitting condition at that time, it was unable to recommend any
corrective action in your case, and 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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