DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4042-01
12 February 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 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 rejected your unsubstantiated contention to the effect that you should have
received a 30% disability rating for your lower back condition, vice the 10% rating you
received in 1966. Available records indicate that the condition was productive of minimal to
mild impairment at that time. The Board noted that you had full range of motion in your
lower back, with normal tendon reflexes, and no radiating pain, numbness, paresthesia or
As you may know, ratings assigned by the military
weakness of your lower extremities.
departments are fixed as of the date of separation or permanent retirement. The Board also
noted that the Department of Veterans Affairs found that your condition was productive of
only minimal impairment, as it rated the condition at 0% from 6 April 1966 to 24 March
1987.
In view of the foregoing, your application has been denied. 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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