DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 5602-02
22 October 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 10 October 2002. Your allegations of error and
injustice were reviewed in accordanct 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. In addition, the Board
considered the advisory opinion furnished by the Navy Personnel Command dated 25 July
2002, a copy of which is attached.
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. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. 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
Enclosure
DEPARTMENT OF THE NAV
Y
NAVY PERSONNEL COMMAN D
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-000
0
7220
PERS-82B
25 July 2002
MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB)
Subj:
Ref:
Encl:
REVIEW OF N
(a) BCNR MEMORANDUM 5420 PERS-OOZCB of 3 Jul 02
(2) Memorandum response to Congressional Inquiry dtd
ing response to 1150
Ser
OlC/O114 dtd 4 Jun 02
(1) Chief of
complaint
20 May 02
Naval records
Per reference (a), a review
1.
were made. Enclosures (1) and (2) are previous re
As indicated in the responses,
request.
of'
allowed to remain on active duty, after his
Fleet Reserve date of 31 October 2001, to complete surgery and
allow sufficient time for a medical board to be received by the
Central Physical Evaluation Board (CPEB).
physician and his superiors determined that his condition did
not warrant a medical board and would not overcome the
presumption of fitness determination as required by SECNAVINST
1850.
The attending
initia
I may be reached at (901) 874-3245 for any further
2.
inquiries into this matter.
By direction
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