DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
18 November 2002
3605-02
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 7 November 2002.
injustice were reviewed in accordance
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies. In addition, it considered the
comments of your counsel
with administrative regulations and procedures
Your allegations of error and
Documentary material considered by the Board
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 were evaluated by the Physical Evaluation Board on 23
August 2001, and found unfit for duty because of the effects of a knee condition, which it
rated as 10% disabling. You accepted those findings on 12 September 2001, and you were
discharged by reason of physical disability on 5 October 2001, with entitlement to severance
pay of $48, 967.20. There is no indication in the available records that you should have
received a rating in excess of 10% for your knee condition, or that you suffered from any
other conditions which rendered you unfit for duty.
As you have not demonstrated that you
were entitled to a disability rating of 30% or higher, the Board was unable to recommend that
your record be corrected to show that you were retired by reason of physical disability.
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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