DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 6145-98
21 May 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.
CoTection of Naval Records, sitting in executive
A three-member panel of the Board for
session, considered your application on 13 May 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.
is-no indication that significant hepatitis had developed prior to your
The Board found that you underwent a pre-retirement physical examination on 12 March
198 1. Your dumping syndrome ‘was noted but not considered disqualifying by the physician
who examined you and determined that you were physically qualified. Although you may
have contracted the hepatitis C virus as a result of the blood transfusions you received during
January 198 1, there
transfer to the Retired List later that year. The Board noted that as you had performed your
duties until you submitted a request for voluntary retirement on 5 November 1980, you
would have been presumed fit for duty had you been referred to the Disability Evaluation
System. That presumption could have been overridden only by evidence establishing that
you were improperly retained on active duty for a period of time when you were actually
unfit for duty, or that there was an acute, grave illness or injury or deterioration of physical
condition occurring prior to or coincidentally with the application for retirement. Your
gastric condition, the residuals of surgery therefor, and possible exposure to the hepatitis C
virus were insufficient to rebut the presumption of fitness. The fact that the Veterans
Administration has awarded you a substantial disability rating for the dumping syndrome is
.
not probative of your contentions of error or injustice, because that agency awards disability
ratings without regard to the issue of fitness for military duty. 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
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.
offic
:ial
Sincerely,
W. DEAN PFEIFFER
Executive Director
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