DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No:
10 April 2001
5444-00
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 29 March 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 22 July to 15 October
1998, when you were discharged, with your concurrence, because of a condition, not a
disability, which interfered with your performance of duty. Your condition was classified as
myopathy, existed prior to service, not service aggravated; essentially, you were found to
have deficient muscular development in your lower extremities, which precluded you from
training. There is no indication in the available records that you were unfit by reason of a
physical disability incurred in or aggravated by your brief period of service. There was no
requirement for a formal pre-separation physical examination because you had undergone a
preenlistment physical examination on 11 June 1998, and there had been no significant
change in your condition during your enlistment. 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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