DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX _
WASHINGTON DC 20370-5100 JRE
Docket No. 07298-08
27 March 2009
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 January 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.
The Board found that on 3 June 2008, the Physical Evaluation
Board (PEB) made preliminary findings that you were fit for
duty, notwithstanding your diagnoses of chondromalacia patella,
history of deep vein thrombosis and several other conditions.
Essentially, the PEB determined that you did not suffer from any
conditions that significantly interfered with your ability to
perform the duties of your office, grade, rank or rating.
You disagreed with the finding of fitnesi:, and requested that
the PEB reconsider it and that you be accorded a formal hearing
if the finings were not modified. The presiding officer of your
PEB determined that there was no basis for changing the fincing
of fitness, and recommended that your request for a formal
hearing be denied. The President, PEB, denied your request for a
formal hearing on 2 July 2008.
The Board was not persuaded that you should have been found
unfit for duty due to the potential consequences of your
continued inability to complete a physical fitness test, or that
it would be in the interest of justice to correct your record to
show that you were found unfit for duty and placed ina
permanent limited duty status until such time as you have
completed ten years of commissioned service and qualified for
retirement as an officer. 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,
Lo vue cide
W. DEAN PFE
Executive Di r
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