DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
I.
._
JRE
Docket No:
20 May 2002
7386-01
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 9 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 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. In this regard, the Board noted that in order to be retired by reason of physical
disability, a service member must be unfit to perform the duties of his office, grade, rank or
rating by reason of physical disability. Although you had an extensive medical history, there
is no indication in the available records that you were unfit to perform your duties prior to
your transfer to the Retired List.
In addition, the Board noted that when a service member
continues to perform his duties until commencing processing for length of service retirement,
there is a presumption that he is fit for duty.
It concluded that had you been referred to
Physical Evaluation Board prior to your retirement, in all likelihood, you would have been
found fit for duty in accordance with the presumption of fitness. 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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