DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 5021-00
11 June 2001
la_ _ a
This is in reference to your application for correction of your late husband’s 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 24 May 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 husband’s 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. In this regard, the Board noted that the military departments may separate or retire
a service member by reason of physical disability only in those cases where the member is
unfit to perform the duties of his office, grade, rank or rating at the time of separation or
retirement. Although it is clear that your husband developed leukemia during the year
following his release from active duty, there is no indication that he suffered from that
condition prior to 13 March 1987, or that he was unfit for duty on that date. Unfortunately,
the laws which permit the Department of Veterans Affairs to rate certain conditions which
become disabling in the one-year period following a member’s release from active duty do
not apply to the military departments. 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
NAVY | BCNR | CY2002 | 00093-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2002. The fact that the Department of Veterans Affairs recently awarded him disability ratings for hearing loss (O%), tinnitus (lo%), and residuals of a head injury (10%) is not probative of the existence of error or injustice in his Navy record, because the VA awarded those ratings without regard to the issue of his fitness for military service in 1963....
NAVY | BCNR | CY2002 | 07392-01
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband record and applicable statutes, regulations and policies. ’s naval 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. It noted, however, that he was He was discharged with entitlement to...
NAVY | BCNR | CY2003 | 01599-03
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 fact that the Department of Veterans Affairs (VA) awarded you service connection and a substantial disability rating for posttraumatic stress disorder effective 4 August 1995 is not probative of the existence of error in your naval record. Consequently, when applying for a correction of...
NAVY | BCNR | CY2002 | 04809-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 2001. Such awards are made without regard to the issue of fitness for military duty. 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 | 06185-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2001. 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 | CY2001 | 00851-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2001. It does not appear that you advised the examining physicians of any conditions you thought rendered you unfit for duty. 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 | 02115-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board rejected your contention to the effect that you are entitled to disability separation or retirement because you suffer from a disqualifying condition listed in the Manual of the Medical Department (MANMED),...
NAVY | BCNR | CY2002 | 03352-00
lOO%, or that your reenlistment code A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2001. 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...
NAVY | BCNR | CY2001 | 05647-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2001. 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 | CY2001 | 04816-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2001. 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...