DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
JRE
Docket No: 7438-00
17 August 2001
Dear
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 29 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.
In this regard, the Board noted that in accordance with the provisions of paragraph
1850.4B, a copy of which is attached, your disorder
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.
2016, Secretary of the Navy Instruction
was classified as a condition not constituting a physical disability. As you did not suffer
from a disability incurred in or aggravated by your service, there is no basis for granting
your request. 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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
Enclosure
SECNAVINST
1850.4D
2016 Conditions Not
Phvsical Disabilitv
i
Certain conditions and defects of a developmental nature designated by the Secretary of Defense
do not constitute a physical disability and are not ratable in the absence of an underlying ratable
causative disorder. If there is a causative disorder, rate it in accordance
with other provisions of
this Instruction. These conditions include, but are not limited to, those listed in the paragraph
below. Such conditions should be referred for appropriate administrative action under other laws
and regulations.
‘a.
Enuresis
b.
C.
d.
e.
f.
g*
h.
i.
Sleepwalking and/or Somnambulism
Dyslexia and Other Learning Disorders
Attention Deficit Hyperactivity Disorder
Stammering or Stuttering
Incapacitating fear of flying confirmed by a psychiatric evaluation
Airsickness, Motion, and/or Travel Sickness
Phobic fear of Air, Sea and Submarine Modes of Transportation
Certain Mental Disorders including:
(1) Uncomplicated Alcoholism or other Substance Use Disorder
(2) Personality Disorders
(3) Mental Retardation
(4) Adjustment Disorders
(5) Impulse Control Disorders
(6) Homosexuality
(7) Sexual Gender and Identity Disorders, including Sexual Dysfunctions and
Paraphilias
(8) Factitious Disorder
2-7
Enclosure (2)
SECNAVINST
1850.4D
j. Obesity
k. Overheight
1. Psuedofolliculitis barbae of the face and/or neck
m.
Medical Contraindication to the Administration of Required Immunizations
Significant allergic reaction to stinging insect venom
1
n *
0 .
Unsanitary habits
P*
other inherited Anemia Trait, and Von Willebrand ’s Disease
Certain Anemias
(in the absence of unfitting sequelae) including
G6PD Deficiency,
q. Allergy to Uniformed Clothing, Wool
2017 Death
Total and permanent cessation
accordance with accepted medical standards and the laws of the State where the member is
located or the military medical standards in effect at an overseas location. See paragraph 3904.
of all vital functions. A determination of death must be made in
2018
Deplovable
A determination that the member is free of a medical condition(s) that prevents positioning the
member individually or as part of a unit, with or without prior notification, to a location outside
the Continental United States for an unspecified period of time. Non-deployability does not
necessarily equate to Unfitness.
2019
Disabilitv Benefits
a. Active
Due. Disability retirement pay and severance pay, authorized by 10 U.S.C.,
Chapter 61, provided for members, who, if otherwise qualified, become Unfit to continue naval
service because of physical disability acquired or aggravated while entitled to receive basic pay.
Once released
from active duty and no longer entitled to receive base pay, members or former
members are not authorized benefits under 10 U.S.C., Chapter 61, even though their disabilities
are service connected. Rather, such members or former members must file separate disability
claims
with-the Department of Veterans Affairs (VA).
2-8
Enclosure (2)
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