DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5160 JRE
Docket No. 01405-10
18 January 2011
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 6
January 2011. 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 5 January 2006, the Physical Evaluation Board found you fit for
duty notwithstanding your history of several heart conditions, mild
restrictive lung disease and obesity (approximate body fat
percentage of 50%). On 3 February 2006, the Director, Naval Council
of Personnel Boards, denied your request for a formal hearing. You
received an evaluation report and counseling record on 19 March 2006
which covers the 16 March 2005-15 March 2006 period. Your individual
trait average was 4.0, and you were ranked among your peers in the
“Must Promote” category. In addition, you were recommended for
retention. You were honorably discharged on 12 July 2006 at the
expiration of your enlistment.
In order to establish your entitlement to disability retirement or
separation, you must demonstrate that you were unfit to reasonably
perform the duties of your office, grade, rank or rating by reason
of physical disability. Although you suffered from significant
congenital cardiac conditions, it does not appear that you were unfit
for duty at the expiration of your enlistment. That you were not
permitted to reenlist, that you were considered non-deployable, and
that you received substantial disability ratings from the Department
of Veterans Affairs following your discharge, were considered
insufficient to demonstrate that your discharge was erroneous or
‘unjust. 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,
\ ‘\
4
W. DEAN PFEIHRE
Executive Di £
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