DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
8 February 2002
571501
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 25 January 2002.
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.
Your allegations of error and
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 August 1998, the Physical Evaluation Board (PEB) convened to
review a medical board dated 16 June 1998, which had given you diagnoses of
chondromalacia and arthralgia of the right knee, and major depression. The PEB determined
that you were fit for duty, notwithstanding those diagnoses, and the Chief of Naval Personnel
was requested to take appropriate action to continue you on active duty.
discharged for the convenience of the government on 24 March 2000, due to a condition, not
a disability, interfering with your performance of duty. The discharge was based on the
finding that although you were fit for duty, you were unsuitable for sea duty.
You were
The fact that the Department of Veterans Affairs (VA) granted you service connection for
several conditions was not considered probative of the existence of error or injustice in your
naval record. In this regard, the Board noted that the VA grants service connection and
assigns disability ratings without regard to the issue of fitness for military duty. As you have
not demonstrated that you were unfit for duty because of your orthopedic conditions or
depressive disorder, 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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