DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02796-07
18 April 2008
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 April 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 you served on active duty in the Navy from
28 December 1960 to 8 December 1964, and reenlisted on 15
January 1976 after a break in service. You were honorably
discharged by reason of obesity on 13 November 1989.
Although you suffered from conditions which may have limited
your ability to engage in certain physical activities during
your naval career, there is no indication in the available
records that you were unfit to reasonably perform the duties of
your office, grade, rank or rating by reason of physical
disability, or that your obesity was caused by a medical
condition or related physical limitations. Contrary to your
assertion, the available records show that you were examined by
a medical officer who determined that the cause of your obesity
was dietary indiscretion, rather than an underlying medical
~==tondition.—~ There was no “requirement that “the piysician orden! ===, =
metabolic, endocrine or other laboratory testing before making
that determination, and you have not presented any evidence
which establishes a underlying medical cause of your long-term
obesity. 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,
Qa. Qf
W. DEAN PFEI
Executive Dirsdt
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