DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 851-01
14 November 2001
.__._._,
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This is in reference to your
provisions of title 10 of the
application for correction of your naval record pursuant to 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 25 October 2001. 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 although you suffered from numerous conditions during your naval
service, there is no indication that any of them rendered you unfit to perform the duties of
your office, grade, rank or rating by reason of physical disability at the time of your release
from active duty and transfer to the Fleet Reserve. You described your health as “Fair”
when you underwent your pre-retirement physical examination, and indicated that you were
not taking any medication. It does not appear that you advised the examining physicians of
any conditions you thought rendered you unfit for duty. The fact that you have received
substantial disability ratings from the Department of Veterans Affairs (VA) is not probative
of the existence of error or injustice.
disability ratings without regard to the issue of fitness for military service, whereas the
military services rate only those conditions which render a service member unfit for duty.
In this regard, the Board noted that the VA awards
In view of the foregoing, 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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