DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 3612-02
14 November 2002
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 18 October 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
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.
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 a medical board on 6 February 200 1, and given
diagnoses of obstructive sleep apnea, hypertension, diabetes mellitus, gastroesophageal reflux
disease, paradoxical vocal cord movement, dyslipidemia, and obesity. On 20 April 2001, the
Physical Evaluation Board (PEB) found you fit for duty. The PEB noted that your
performance of duty was not significantly impaired by the sleep apnea or the other conditions
diagnosed by the medical board. You were discharged from the Navy on 30 November 2001.
200 1, the Department of Veterans Affairs awarded you 0 % ratings for
Effective 1 December
6 conditions, 10% ratings for 8 others, a 20% rating for a lumbar spinal condition, and a
50% rating for sleep apnea. The rating for the sleep apnea was based on your use of a
continuous airway pressure breathing device and a humidifier, rather than the residual effects
of the apnea.
The Board noted that the military departments may assign disability ratings only in those
cases where the service member is unfit to perform the duties of his office, grade, rank or
rating by reason of physical disability. The VA, however, rates all conditions it classifies as
“service connected ”, without regard to the issue of fitness for military service. The ratings
you were assigned by the VA appear to indicate that the rated conditions were productive of
no more than minimal impairment. As you have not demonstrated that you were unfit for
duty at the time of your discharge from the Navy, the Board was unable to recommend any
corrective action in your case.
use of breathing devices, rather than the impairment caused by that condition. Accordingly,
your application has been denied.
furnished upon request.
The names and votes of the members of the panel will be
indicated above, the rating for sleep apnea was based on your
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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