DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
21 February 2001
3352-00
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. You request, in the
alternative, that your disability rating be increased to
be corrected to show that you were fit for reenlistment at the time of your transfer to the
Retired List, and that you were qualified for a commissioning program.
lOO%, or that your reenlistment code
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 February 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 was not persuaded that your disability was ratable above
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.
30% disabling at the time of your permanent retirement in 1981. The fact that the
Department of Veterans Affairs presently rates your condition as 100% disabling
innot
probative of your contention that the condition should have been rated at 100% by the
Department of the Navy in 1981. As you were clearly unfit for duty at the time of-your
release from active duty in 1976, there is no basis for correcting your record to show that
you were fit for reenlistment at that time, or to show that you are physically qualified for a
commissioning program. 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
regard, it is important to keep in mind that a presumption of regularity attaches to all official
Board.
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
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