DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00317-07
4 February 2008
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 10 January 2008. 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 on 20 September 2006, the Physical
Evaluation Board (PEB) made a preliminary finding that you were
fit for duty notwithstanding your cervicalgia, lumbago and
spondylolisthesis. In making that finding, the PEB considered
the report of a medical board dated 23 June 2006 and a non-
medical assessment (NMA)letter from your command dated 28 June
2006. The NMA indicates that you were working in your military
specialty and had passed the most recent physical readiness
test. Your commanding officer described you as a definite asset
to your unit, and stated that you had earned the respect of your
peers and superiors. He highly recommended that you be retained
in the naval service. You accepted the findings of the PEB on 5
October 2006, and your disability evaluation was terminated n 11
October 20006.
The Board was not persuaded that the PEB erred when it found you
fit for duty. Although you suffered from significant spinal
pathology and back and neck pain, you continued to perform your
duties in an outstanding manner. The fact that you lost
entitlement to Navy Reserve disability benefits upon the
termination of your disability proceedings, as required by law
and regulation, and your contention that you are unable to work,
were carefully considered but considered insufficient to warrant
a change in the fitness determination.
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,
lo eed
W. DEAN PFEL
Executive Di
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