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NAVY | BCNR | CY2002 | 05983-02
Original file (05983-02.doc) Auto-classification: Denied


                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100
                                                         JRE
                                                         Docket No: 5983-02
                                                         28 February 2003










     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 21
     February 2003. 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 26
     August 1986 to 16 December 1992, when you were discharged by reason of
     physical disability, with entitlement to severance pay, due to
     diabetes mellitus. Following your discharge, the Department of
     Veterans Affairs awarded you a 20% rating for diabetes. Although there
     are several entries in your naval record concerning mild skin
     conditions, such as a cyst and a nevus, there is no indication that
     you were unfit for duty because of the effects of a skin condition. As
     the Department of the Navy is permitted to rate only those conditions
     which render a service member unfit for duty, the Board 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,



                                        W.    DEAN PFEIFFER
                                        Executive Director

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