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NAVY | BCNR | CY2002 | 07392-01
Original file (07392-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

JRE
Docket No: 7392-01
20 May 2002

This is in reference to your application for correction of
pursuant to the provisions of title 10 of the United States Code, section 1552.

  your late husband ’s naval record

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 1 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 husband
record and applicable statutes, regulations and policies.

’s naval

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 considered your contention to the effect that your husband was not accorded
review by a physical evaluation board prior to his discharge. It noted, however, that he was
He was discharged with entitlement to disability
evaluated PEB and found unfit for duty.
severance pay,  rather than retired, because he had not completed twenty
  or more years of
active service, and his disability was rated below 30% disabling or higher, he was discharged
with entitlement to disability severance pay, rather than retired.
of the PEB in his case, the Board was not persuaded that the rating he received was
erroneous or unjust.
of the members of the panel will be furnished upon request.

Accordingly, the Board denied your application. The names and votes

Upon review of the action

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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