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NAVY | BCNR | CY2001 | 03762-01
Original file (03762-01.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: 3762-01
26 December 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 6 December 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 underwent a pre-separation physical examination on 9 April 1999.
Although you disclosed an extensive medical history, you were found fit for separation. You
were discharged from the Navy on 20 June 1999 by reason of completion of required active
service. On 29 February 2000, the Department of Veterans Affairs (VA) awarded you a
combined disability rating of 50% for eight conditions, each rated separately at 0 or 10%.

The Board noted that unlike the VA, which must rate all conditions it classifies as “service
connected”, i.e., incurred in or aggravated by military service, the military departments may
assign disability ratings only in those case where the service member has been found unfit for
duty. As there is no indication in the available records that you were unfit for duty at the
time of your discharge, the Board was unable 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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