DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No:
23 October 2001
6185-01
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 October 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicab:le 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 underwent a pre-retirement physical examination on 4 August and
4 October 1981. You were found physically qualified for transfer to the Fleet Reserve
notwithstanding your low back pain, which was classified by the examining physician as
“90% resolved” at that time. You were released from active duty on 30 November 1981,
and transferred to the Fleet Reserve the following day.
The Board noted that in order to qualify for disability retirement, a service member must be
unfit to perform the duties of his office, grade, rank or rating by reason of physical disability
on the date of his separation or retirement. Although your back condition has become much
more severe over the past nineteen years, the available evidence does not demonstrate that
you were unfit for duty on 30 November 1981. Accordingly, your application has been
denied. The names and votes of the members of the panel will be furnished upon request.
You should consider applying to the Department of Veterans Affairs (VA) for service
connection and disability compensation for your back condition. The VA awards disability
compensation without regard to the issue of fitness for military duty, and its ratings are based
on the veteran ’s condition at the time the ratings are assigned, rather than the veteran ’s
condition prior to his release from active duty.
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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