DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4184-02
2 December 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 15 November 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 found that on 27 January 1997 a medical board gave you a diagnosis of chronic
musculoskeletal low back pain, and recommended that you case be referred to the Physical
Evaluation Board (PEB). After being advised of the findings and recommendation of that
board on 12 February 1997, you declined to submit a statement in rebuttal thereto. You did
not disclose or complain of any other conditions you felt rendered you unfit for duty at that
time. On 9 June 1997, the PEB found you unfit for duty because of your back pain, which it
rated at
severance pay. You accepted those findings and recommendations on 24 June 1997, and
waived your right to a formal hearing.
on 15 August 1997, On 25 August 1998, the Department of Veterans Affairs (VA) granted
fungal infection, headaches, sore knees, and neck
you 10% ratings for low back pain, a
strain, and it denied your request for service connection for nine conditions which did not
exist and/or were not incurred during your military service.
lo%, and recommended that you be discharged with entitlement to disability
You were discharged by reason of physical disability
The Board noted that unlike the VA, which rates all conditions incurred in or aggravated by
military service, the military departments rate only those conditions which render a service
member unfit to perform the duties of his office, grade, rank or rating by reason of physical
disability. As you have not demonstrated that your low back condition was ratable above
10% disabling, or that you were entitled to disability ratings from the Navy for any other
conditions, the Board was unable to recommend any corrective action in your case..
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
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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