DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 2052-01
7 December 2001
This is in reference to your request for further consideration of your application for
correction of your naval record pursuant to the provisions of title 10 of the United States
Code, section 1552.
Documentary material considered by the Board
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.
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. In this connection, the Board adhered to its initial decision to deny your
application. The fact that the Department of Veterans Affairs (VA) has awarded you a
disability rating is immaterial, because that agency awards disability ratings without regard to
the issue of fitness for duty. As you have not demonstrated that you were unfit for duty at
the time of your discharge, it was unable to recommend any corrective action in your case.
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
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
Enclosure
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