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NAVY | BCNR | CY2004 | 09726-04
Original file (09726-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                  JRE
                                                                                          Docket No. 09726-04
                                                                                          3 March 2006





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- memb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2006. 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 underwent a pre-separation physical examination on 5 August 2002, and were found to be physically qualified for separation. The examining physician noted that you suffered from hypothyroidism and were taking thyroid replacement hormone, but did not find that condition to be disqualifying. You were released from active duty on 25 September 2002 and transferred to the Marine Corps Reserve. You were assigned a reentry code of RE-lA, which indicates that you were fully
 qualified and eligible for reenlistment. You could have reenlisted and remained on active duty had you wanted to.
The Board carefully considered the disability rating the Department of Veterans Affairs (VA) assigned you effective the day following your release from active duty, but found it insufficient to warrant any corrective action in your case. It appears that the rating assigned by the VA is grossly disproportionate to the actual effects of your hypothyroidism. In addition, you have not demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating at the time of your release from active duty. 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,
W. DEAN PFEIFFER
Executive Director

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