DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
II
J R E
Docket No. 10290-02
6 May 2003
This is in reference to your application for cor~lection 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 1 May 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 Bc'ard consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, it consiciered the
comments of your counsel.
I
I
After careful and conscientious consideration of 'the entire
record, the Board found that the evidence submitt,:d was
insufficient to establish the existence of probak'1.e material
error or injustice.
I1
The Board noted that in order to qualify for disability
separation or retirement from the Armed Forces, 5 service member
must be unfit to perform the duties of the member's office,
grade, rank or rating by reason of physical disak'ility. As the
Department of Veterans Affairs has no requirement that the
veteran be unfit for military duty in order to receive
disability ratings, your receipt of such ratings does not imply
that you were unfit for duty when discharged. The Board noted
that your migraine headaches were a condition of longstanding
that did not substantially affect your ability to perform your
duties. The available records do not demonstratc that you were
suffering from significant symptoms of posttraumatic stress
disorder or any unfitting mental disorder prior to discharge.
The pain and limitation of motion of your jaw were risks
associated with the surgery you underwent to correct a
preexisting condition, and as such, it is unlikely that either
residual of your surgery would have been ratable had you had
been considered unfit for duty.
I
In view of the foregoing, 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 c;!se are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submissior~ 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 iin official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice:.
Sincerely,
W. DEAN PFEIFI'ER
Executive Director
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