DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4187-00
28 February 2001
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Dear
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 8 February 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material considered by the Board
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
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 served on active duty in the Navy from 6 December 1984 to 31
March 1985, when you were released from active duty and transferred to the Temporary
Disability Retired List
(TDRL) because of a mental disorder which rendered you unfit for
duty. You were reevaluated on 1 October 1986, and your condition was found to be in
remission. On 24 October 1986, the Physical Evaluation Board
that you
remained unfit for duty, and that your condition was ratable at 10%. You were discharged
by reason of physical disability on 13 January 1987, with entitlement to disability severance
PaYa
(PEB) determined
The Board noted that as you were not on active duty during the 1 April 1985-13 January
1987 period, you are not entitled to an addition DD Form 214, or amendment of the form
you received on 3 1 March 1985. The Board concluded that in the absence of evidence which
demonstrates that your condition should have been rated at or above 30% disabling on 13
January 1987, it was unable to recommend any corrective action in your case. 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,
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W. DEAN PFEIFFER
Executive Director
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