DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON D C 20370-5100
JRE
Docket No. 02956-03
3 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 17 July 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.
The Board found that you were released from active duty in the
Navy on 30 April 1977 and transferred to the Temporary
Disability Retired List (TDRL) because of a lower back
condition. You underwent a periodic physical examination on 17
October 1978. You were found to have essentially full range of
motion in your back without pain, and no measurable atrophy in
your left thigh or calf. You reported having occasional
stiffness that loosened up with activity, and you had been
physically active. On 15 December 1978, the Central Physical
Evaluation Board made a recommended finding that you were fit
for duty. That finding was approved by the Secretary of the
Navy an 23 January 1979, and you were notified t h a t your name
would be removed from the TDRL, and you would be discharged from
the Navy. You were also advised that you would be permitted to
reenlist provided your physical condition remained essentially
the same; you were qualified in all other respects; and you
consented to reenlistment. It does not appear that you applied
for reenlistment until early 1 9 8 3 . Your condition,had
apparently worsened in the interim, and you stated that your
health was poor. In addition, you were required to meet more
stringent fitness standards because of the length of time that
had elapsed since your discharge. As a result of those factors,
you were not considered physically qualified for enlistment, and
were denied reenlistment.
The Board was not persuaded that you were unfit for duty at the
time of your discharge in 1979, as it does not appear that your
condition was not productive of significant impairment. In
addition, you could have reenlisted had you applied therefor in
a timely manner. The fact that you were denied reenlistment in
1 9 8 3 is not probative of the existence of error or injustice in
your record, because, as indicated above, your physical
condition had deteriorated in the interim, and you did not meet
the more stringent enlistment physical standards that were
applicable at that time.
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 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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