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NAVY | BCNR | CY2004 | 01712-04
Original file (01712-04.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                                              2 NAVY ANNEX
 WASHINGTON DC 20370-5100







                                                                                JRE
Docket No. 01712-04
                                                                                           13 August 2004


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 2004. 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 caref LII 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 regard, the Board noted that although you suffered from a number of medical complaints while you were serving on active duty, none of them rendered you unfit to reasonably perform the duties of your office, grade, rank or rating. Your receipt of disability ratings for those conditions from the Department of Veterans Affairs (VA) does not establish that your release from active duty was erroneous, because the VA assigns ratings without regard to the issue of fitness for military service. Accordingly, there is no basis for correcting your record to show that you were retired from the Navy on 1 March 2000, rather than released from active duty and transferred to the Naval Reserve. Your apparent belief that you are unfit for further service in the Naval Reserve is an issue that must be resolved by Naval Reserve authorities and the Naval
Disability Evaluation System before it will be ripe for review by the Board for Correction of Naval Records.
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 fa vorable 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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