DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
JRE
Docket No: 48 16-00
20 July 2001
Dear Petty Officer Lang:
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 July 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 were released from active duty on 16 August 1997, and transferred
(TDRL) with a disability rating of 30%. As long as
to the Temporary Disability Retired List
your name remains on the TDRL (up to a maximum period of five years) your retired pay
Had you been permanently retired
will be computed as if your disability were rated at 50 % .
in August 1997, however, your retired pay would have been computed at the 30% rate. the
Board noted that your condition will be evaluated by the Disability Evaluation System in the
near future.
time.
If you remain unfit for duty, a final disability rating will be assigned at that
In the absence of evidence which demonstrates that you should have been permanently retired
by reason of physical disability, vice transferred to the TDRL, 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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