DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
18 September 2001
4780-W
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 16 August 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 you served on active duty in the Marine Corps from 13 June 1995 to
12 June 1999, when you were released from active duty and transferred to the Marine Corps
Reserve. You were assigned a reenlistment code of RE-1 A, to indicate that you were fully
qualified and recommended for reenlistment.
The Board noted that in order to be separated or retired from the service by reason of
physical disability, a service member must be unfit to perform the duties of his or her office,
grade, rank or rating by reason of physical disability.
a heart condition in January 1998, the condition apparently became asymtomatic during the
remainder of your active duty service, and did not preclude you from performing your
duties. The Board noted that the issue of treatment and compensation for the recurrence
and/or deterioration of your condition which occurred following your release from active
duty is a matter withing the purview of the Department of Veterans Affairs (VA), rather than
the Department of the Navy, absent evidence which demonstrates that you were unfit for
duty on 12 June 1999.
Although you received treatment for
In view of the foregoing, your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
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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