DEPARTMENT OF THE NAVY
AVAL
FOR
BOARD
CORRECTION
2 NAVY ANNE
0~ N
X
RECORDS
WASHINGTON DC 20370-510
0
JRE
Docket
6 December 2001
No: 2033-01
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 29 November 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 you were discharged from the Marine Corps on 3 October 1990 for the
convenience of the government because you suffered from heat intolerance. That condition
was listed in SECNAVINST
constitute a physical disability, and it was specifically excluded from consideration for
entitlement for disability benefits administered by the Department of the Navy. In addition,
the Board was unable to conclude that your condition was the residual of a head injury you
sustained during your service. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
1850.4c, paragraph 1007, as a condition which did not
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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