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NAVY | BCNR | CY2001 | 02292-01
Original file (02292-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

JRE
Docket No: 2292-01
26 December 2001

Dear

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 30 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 appeared before a medical board on 30 September 1977, and were
given a diagnosis of lower back pain, which existed prior to your enlistment, and was not
aggravated by your naval service. You accepted those findings on 20 October 1977, waived
your right to appear before a physical evaluation board, and requested that you be discharged
as soon as possible. You were discharged in accordance with your request on 22 March
1978, without entitlement to disability benefits administered by the Department of the Navy.

In the absence of evidence which demonstrates that you were unfit by reason of physical
disability incurred in or aggravated by your naval service, the Board was 
recommend any corrective action in your case. Accordingly, your application has been
denied. The names and votes of the members of the panel will be furnished upon request.

u.nable to

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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