DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03478-08
9 May 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 8 May 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.
On 26 June 2007 and 16 July 2007, the Physical Evaluation Board
determined that you were fit for duty notwithstanding your
diagnoses of inflammatory bowel disease, hemochromatosis,
gastroesophageal reflux disease, abdominal pain, chronic
diarrhea and chronic arthalgias. That finding was approved for
the Secretary of the Navy on 2 August 2007.
August 2007 period supports those findings, as it indicates, in
part, that you passed the physical readiness test, performed one
hundred seventy surgical procedures, and received the Navy
Achievement Medal for exemplary performance and leadership. You
were ranked above at least thirty seven of your peers, and were
recommended for early promotion.
As you have not demonstrated that you were unfit to reasonably
perform the duties of your office, grade, or rank by reason of
physical disability, the Board was unable to recommend
corrective action in your case. 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,
| Gedo
ROBERT D. ZSALMAN
Acting Executive Director
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