DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 3956-01
23 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 12 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 on 13 September 2000, the Physical Evaluation Board
determined that you were permanently unfit for duty, because of diabetes mellitus, rated at
40% less a 20% non-compliance deduction, for a net rating of 20%. As you did not make a
timely request for a hearing, your acceptance of those findings was presumed, and you were
Shortly thereafter, the Department
discharged with entitlement to disability severance pay.
of Veterans Affairs also awarded you a 20% rating for your diabetes.
(PEB)
In the absence of evidence which demonstrates that you were entitled to a disability rating of
30% or higher, there is no basis for granting your request. 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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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, reconsidered your application on 14 June 2001. As you have not demonstrated that you were unfit for duty because of diabetes mellitus on 21 September 1991, the Board was unable to recommend any corrective action in your case. 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.
NAVY | BCNR | CY2002 | 03612-02
consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. The PEB noted that your performance of duty was not significantly impaired by the sleep apnea or the other conditions diagnosed by the medical board. 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.
NAVY | BCNR | CY2001 | 05543-00
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. The findings of the PEB were mailed to you at your last On 8 June In the absence of evidence which demonstrates that your condition was ratable at 40% or higher at the time of your discharge, and that you were compliant with medical advice, the Board was unable to recommend any corrective...
NAVY | BCNR | CY2008 | 10151-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 06977-01
” The Board noted that it is the function of an MEB, which is composed entirely of physicians, to report on the state of health of the service member who is the subject of the MEB, and to recommend referral of the member to the PEB in appropriate cases. In reference to the question of why Petitioner's cardiac and pulmonary conditions found not unfitting at the time of his initial PEB adjudication and placement on the TDRL, reference Petitioner's original 14 February 1992 Medical Evaluation...
NAVY | BCNR | CY2009 | 05589-09
Documentary material considered by the Board consisted o£ your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. As you have not demonstrated that you were unfit for duty on 1 July 1995 because of the back condition and/or the diabetes mellitus, and that you should have received a combined disability rating from the Department of the Navy of 30% or higher, the Board was unable to recommend corrective...
NAVY | BCNR | CY2002 | 08848-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2003. a 30% disability rating for labyrinthitis. 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.
NAVY | BCNR | CY2002 | 05983-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2003. As the Department of the Navy is permitted to rate only those conditions which render a service member unfit for duty, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2009 | 12607-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2010. As you have not demonstrated that you were unfit for duty on 20 February 2008, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material errer or injuctice.
NAVY | BCNR | CY2008 | 00428-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL. 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. 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.