DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
26 December 2001
211501
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.
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
Your allegations of error and
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 rejected your contention to the effect that you are entitled to disability separation
or retirement because you suffer from a disqualifying condition listed in the Manual of the
Medical Department (MANMED), article 15-41 (16). In this regard, it noted the cited
article of the MANMED pertains to conditions which disqualify prospective service members
from enlistment or appointment under procurement physical standards.
In order to qualify
for disability separation or retirement, a member of the armed forces must exceed retention
physical standards, i.e.,
of his office, grade, rank or rating by reason of physical disability.
from asthma prior to your release from active duty, you continued to perform your duties in
an outstanding manner until your release from active duty. The fact that, several years later,
you were found not physically qualified for service in the Naval Reserve is insufficient to
demonstrate that you were unfit for duty at the time of your release from active duty.
Accordingly, your application has been denied.
panel will be furnished upon request.
suffer from a condition that renders him unfit to perform the duties
The names and votes of the members of the
Although you suffered
I
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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