DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHtNGTON DC 20370-5100
JRE
Docket No: 4853-99
30 August 2000
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 17 August 2000. 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
sub’mitted in support thereof, your
consisted of your application, together with all material
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.
(PEB) on 3 October 1985. That finding was based in large part on your
The Board noted that you were found fit for duty by a hearing panel of the Physical
Evaluation Board
sworn testimony to the effect that you were no longer disabled, and that you were capable of
participating in vigorous physical activities, such as playing tennis, doing calisthenics and
lifting heavy weights.
In addition, you testified that you had won a tennis tournament, and
spent 12 to 13 hours driving an automobile to the hearing site without experiencing any back
pain. Your present contention to the effect that your back was severely impaired at that
time, and that you testified falsely about your physical capacity in a misguided effort to
reenlist in the Marine Corps was considered insufficient to warrant correcting your record to
show that you were retired by reason of physical disability. 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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