DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06675-08
2 April 2009
This is in reference to your request for further consideration
of 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 26 March 2009. 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 the
evidence you submitted concerning the diagnosis of fibromyalgia
is not new material evidence. The Physical Evaluation Board
(PEB) considered that diagnosis and, as indicated in the revised
findings that were sent to you on or about 21 June 2001,
classified it as a category II condition that was not separately
ratable. The Board was not persuaded that the PEB should have
rated the fibromyalgia.
In view of the foregoing, and as you have not demonstrated that
you were entitled to a combined disability rating of 30% or
higher from the Department of the Navy, 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,
\ ak
W. DEAN PF
Executive Di r
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