DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5106
JRE
Docket No. 02130-09
14 April 2010
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 April 2010. 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.
You underwent a pre-retirement physical examination on 1 ~
September 1999. Although you were noted to have a history of
hypertension and hypothyroidism, neither of those conditions was
considered disqualifying for further service or retirement. You
were released from active duty on 31 January 2000 and
‘transferred to the Fleet Reserve the following day. The
Department of Veterans Affairs (VA) awarded you disability
ratings of 10 percent for hypertension and hypothyroidism
effective 1 February 2000.
Your receipt of disability ratings from the VA is not probative
of the existence of error or injustice in your Navy record
because you were awarded those ratings without regard to the
issue of your fitness for military duty as of the date of your
release from active duty. As you have not demonstrated that you
were unfit to reasonably perform the duties of your office,
grade, rank or rating by reason of physical disability prior to
your transfer to the Fleet Reserve, there is no basis for
correcting your record to show that you were retired by reason
of physical disability. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Your request for correction of the spelling of your surname on
your DD Form 214 is administrative in nature and should be
submitted to the Commander, Navy Personnel Command, for action.
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 PFE
Executive Direttor
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