DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
I
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 2046-01
24 September 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 20 September 2001.
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,
regulattons and policies.
Documentary material considered by the Board
Your allegations of error and
.
After careful and conscientious consideration of the entire record, the Board found
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
that the
There is no indication in the available record
The Board noted that although you were found to have mild hypertension and a slightly
elevated blood glucose level on your pre-separation physical examination, you were
considered physically qualified for separation.
that either of those conditions, or your bursitis, rendered you unfit to perform the duties of
your office, grade, rank or rating, which is a prerequisite to the disability retirement or
separation of a service member.
awarded you a combined disability rating of 40% is not probative of error or injustice in
your record, because the VA assigns ratings without regard to the issue of fitness for military
service. In addition, the VA rating decision indicates that your rated conditions are no more
than minimally disabling, and that two of the four appear to be related to your excessive
body weight, which is controllable.
The Board did not consider your request for further
consideration of your previous request for correction of your record to show that you were
retired under the Temporary Early Retirement Authority, or that you were transferred to
Retired Reserve, because you did not submit any new material evidence regarding those
requests. Accordingly, your application has been denied. The names and votes of the
The fact that the Department of Veterans Affairs (VA)
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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