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NAVY | BCNR | CY2001 | 04325-01
Original file (04325-01.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: 4325-01
24 September 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 20 September 2001. Your allegations of error and
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

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 although you were injured early in your naval career as a result of
falling from a cliff, you recovered, and were found fit for release from active duty on 26
May 1958 by proper medical authority. The fact that the Department of Veterans Affairs
(VA) has granted you disability ratings for the minor residuals of your injuries is not
probative of error or injustice in your record, because the VA assigns ratings without regard
to the issue of fitness for military duty.
you were unfit for duty in 1958, 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.

In the absence of evidence which demonstrates that

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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