DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 991-01
28 December 2001
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 13 December 2001. 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
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
The Board found that you were involuntarily discharged from the Navy on 31 December
1999 because of your failure of selection for promotion to the next higher grade.
It noted
that the Secretary of the Navy may permissively defer the mandatory separation of an officer
if the evaluation of the officer ’s physical condition and determination of the officer ’s
entitlement to retirement or separation for physical disability require hospitalization or
medical observation that cannot be completed before the date on which separation of the
officer would otherwise be required. As you were not hospitalized on 31 December 1999,
and as a medical board report had not been accepted by the Physical Evaluation Board, you
were not eligible for deferral of your separation.
relatively minor nature of your nerve injury,
found unfit for duty had you been evaluated by a PEB prior to your discharge.
it is very unlikely that you would have been
In addition, the Board noted that given the
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
In this
and material evidence or other matter not previously considered by the Board.
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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