DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 6403-01
21 May 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. You request, in effect, that
your record be corrected to show that you were separated or retired from the Navy by reason
of physical disability, due to a back injury.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 May 2002. 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 suppo
applicable statutes, regulations and policies.
-rereof, your naval record and
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 Naval Reserve from 12 September
1951 to 6 July 1953. You were discharged from the Naval Reserve on 26 December 1953,
and you reenlisted for a period of four years on 30 March 1954. You were discharged from
the Naval Reserve on 29 March 1958.
There is no indication in the available records that you were unfit for duty on 6 July 1953, or
at any time prior to your ultimate discharge from the Naval Reserve. The Board was unable
to accept your unsubstantiated contention to the effect that you had to choose between
undergoing back surgery and being released from active duty to attend your wife, who was
pregnant at that time.
In addition, it noted that the issue of your entitlement to disability
benefits administered by the Department of Veterans Affairs is a matter within the purview
of that agency, rather than the Department of the Navy.
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
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.
favorable action cannot be
Sincerely,
W. DEAN PFEIFFER
Executive Director
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