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NAVY | BCNR | CY2001 | 07678-00
Original file (07678-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

JR E
Docket 
21 November 2001

,No: 767840

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 16 November 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
*d
applicable to the proceedings of this Board. Documentary material considered by the 
Boar
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In addition, the Board
considered the comments of your counsel.

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 served on active duty in the Navy from 31 January to 19 March
1980, when you were discharged because of your substandard performance of duty and
inability to adapt to military training. There is no indication in the available records that you
were unfit for duty at that time by reason of a physical disability which was incurred in or
aggravated by your brief period of service. The recent determinations of the Department of
Veterans Affairs that it is just as likely as not that there were manifestations of your
congenital 
hydrocephalus during your naval service, and that it was as likely as not that the
symptoms of that condition increased beyond natural progression during your service, were
considered insufficient to demonstrate that you were unfit for duty and entitled to disability
retirement or separation. 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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