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NAVY | BCNR | CY2007 | 01527-07
Original file (01527-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 01527-07
11 January 2008



This is in reference to your applicati on for correction of your naval
 record pursuant to the provisions of title 10 of the United States
Code, section 1552. You requested that your record be corrected to
show that you were retired by reason of physical disability due to
residuals of back injury.
A three-me mb er 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. In this regard, the Board found that on 25 January 1982 you sought medical care for a back injury you allegedly sustained on 19 January 1982. You were given a diagnosis of back pain of unknown etiology, without neurovascular deficit, spinal tenderness, limitation of motion, or sensory or motor deficit. You were discharged to duty without medication on 29 January 1982. On 27 September 2005 the Department of Veterans Affairs (VA) granted you a 10% disability rating effective 19 April 1993 for presumed residuals of the alleged back injury.
 As you have no demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason of physical disability on 29 January 1982, when you were released from active duty, there is no basis f or granting your request for disability separation or retirement. 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 PFIEFFER
                                                                         Executive Director

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