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NAVY | BCNR | CY2001 | 07800-00
Original file (07800-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No: 7800-00
19 June 2001

 

Dear Sagas

This is in reference to your request for further consideration of your application for
correction of your naval record pursuant to the provisions of title 10 of the United States
Code, section 1552. You have requested that your record be corrected to show that you
received a disability rating for diabetes mellitus, and that you were retired by reason of
physical disability, vice discharged with entitlement to severance pay.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, reconsidered your application on 14 June 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.

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 although you had an elevated serum glucose
level on 3 April 1991, and sugar in a urine specimen given to the Department of Veterans
Affairs (VA) in September 1992, you did not display any of the characteristic symptoms of
diabetes, such as polyuria, polydipsia, fatigue or weight loss at the time of your discharge
from the Navy, or for several years thereafter. The Board noted that while a history of
diabetes is disqualifying for enlistment in the Armed Forces, it is not necessarily unfitting for
retention on active duty. Although the VA must rate any condition incurred in, aggravated
by, or traceable to a period of military service, or derived therefrom, the military
departments may rate only those conditions which render a service member unfit for duty.
As you have not demonstrated that you were unfit for duty because of diabetes mellitus on 21
September 1991, the Board was unable to recommend any corrective action in your case.
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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