DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORD
BOARD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No:
20 May 2002
159’7-02
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 May 2002. 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
In this connection, the Board substantially concurred with the rationale of the
injustice.
hearing panel of the Physical Evaluation Board which considered your case on 31 October
2001. There Board rejected the unsubstantiated contentions of your counsel that your status
as a member of the Naval Reserve was used against you in
fashion”, and that your condition was ratable at 30%. The Board noted that you were
assigned a 20% rating because you had
a result in excess of 3 + is required for a 30% rating.
been denied. The names and votes of the members of the panel will be furnished upon
request.
Lachman’s test results graded at
“an illegal discriminatory
Accordingly, your application has
2+ to
3+, and that
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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