DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
*
2 NAVY ANNE
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WASHINGTON DC 20370-510
0
JRE
Docket No: 2833-01
3 1 October 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 17 October 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 as you were retired by reason of physical disability in 1991, you were
excluded from the provisions title 10, U.S. Code, section 1413. That section was later
amended to include service members retired by reason of physical disability, but the
amendment was not made retroactive. The Board concluded that if it were to correct your
record to show that you transferred to the Fleet Reserve in 199 1, rather than the Temporary
Disability Retired List
(TDRL) merely to increase your monetary benefits, the effect of that
action would be to circumvent the intent of Congress. As you have not demonstrated that
your retirement by reason of physical disability was erroneous or unjust, the Board was
declined to 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.
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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