DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 4029-01
12 February 2002
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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 February 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.
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 was not persuaded that you were unfit to perform the duties of your,
office, grade, rank or rating by reason of physical disability at the time of your transfer to
the Fleet Marine Corps Reserve (FMCR) on 31 May 1994. It noted that a letter announcing
the final action of the President, Physical Evaluation Board, finding you fit for duty, was
published on 13 January 1992. In addition, the Board noted that your final fitness report, for
the period ending the day prior to your transfer to the FMCR, indicates that you performed
your duties in an outstanding manner.
commencing processing for length of service retirement creates a rebuttable presumption that
you were fit for duty. Accordingly, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
Your continued performance of duty until
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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