DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N O F NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JRE
Docket No. 08842-02
2 4 April 2003
This is in reference to your application for correction of your
naval record pursuant t6'the provisions of title 10 of the
Uhited States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 April 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. In this connection, the Board noted that in
order to qualify for disability separation or retirement from
the military services, a service member must be unfit to perform
the duties of his office, grade, rank or rating by reason of
physical disability. Although you suffered from sleep apnea and
a number of other medical conditions during your service in the
Navy, none of them rendered you unfit for duty at the time of
your voluntary discharge from the Navy. The fact that the
Department of Veterans Affairs (VA) has awarded you substantial
disability ratings is not probative of error or injustice in
your record, because the VA awards such ratings without regard
to the issue of fitness for duty. As you have not demonstrated
that you were 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 k d e p 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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