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NAVY | BCNR | CY2003 | 00444-03
Original file (00444-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N O F  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

LCC:ecb 
Docket No:  444-03 
5 August 2003 

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  5 August 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.  In  addition, the Board  considered the advisory 
opinion furnished by  NPC  memorandum 5420 PERS-821 dated  13 June 2003, a copy of  which  is 
attached. 

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  substantially concurred with  the comments contained in 
the advisory opinion.  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, 

Executive Direc 

Enclosure 

DEPARTMENT OF THE NAVY 

NAVY PERSONNEL COMMAND 

5720 INTEGRITY DRIVE 

MILLINGTON TN 38055-0000 

5420 
PERS-821 
13 Jun 03 

MEMORANDUM FOR SPECIAL ASSISTANT FOR BCNR MATTERS (PERS-OOZCB) 

RECOMMENDATIONS ICO 

Ref:  (a) Your ltr 5420 Pers-OOZCB of 16 May 03 

(b) BUPERSINST 1900.8 
(c) NCPB, Physical Evaluation Board ltr 1850 PEB:mjm of 23 Apr 97 

1. In response to reference (a), the following is provided: 

a.  Subject named member  (SNM) alleges she was erroneously given 

the separation code of JFM and should have been given the code of JFN. 
Her information is based on a letter signed b 
September 1997.  The information given in DK1 
incorrect, insomuch that reference (b) states that the separation code 
JFM is "physical disability which existed prior to entry on active 
duty and was established by a physical evaluation board  (PEB). 

on 30 
letter was 

b.  Per reference (c) SNM was found unfit by the PEB with the 

condition of Thoracic scoliosis with back pain that existed prior to 
entry  (EPTE), not aggravated, not ratable. 

c.  Accordingly SNM was given the correct separation code of JFM 

because the condition was recognized and determined to be EPTE by the 
PEB . 
2.  Point of contact for any further action on this case is CW03  .--- 

He can be reached at at  (901) 874-3201. 

. .. 

By direction 



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