DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 05450-05
11 September 2006

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 September 2006. Your allegations of error and injustice were reviewed in accordance with a administrative regulations and procedures applicable t~ the proceedings of this Board. Documentary material consider e by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulation~ 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 you enlisted in the Navy Reserve on 29 March 2001. You were ordered to duty for training for the period 14-2 8 March 2002. On 24 March 2002, you reported to sick call complaining of a sore throat and constipation. The results of the “rapid strap test” administered on that date were negative. You were seen at a civilian medical clinic on 13 April 2002, and were given a diagnosis of pharyngitis. On 11 October 2002, you were evaluated at a civilian medical clinic, and given a diagnosis of strep pharyngitis. On 19 October 2002, during a Naval Reserve drill period, you reported that you were not feeling well, and were referred for medical evaluation and treatment. You were given a diagnosis of rule-out rheumatic fever. On 13 November 2002, the Commander, Naval Reserve Force, determined that your conditions of a heart murmur, rheumatic fever and anemia were not incurred in or aggravated by your service in the Naval Reserve, and that you were not entitled to a notice of eligibility for disability benefits (NOE) for those conditions. On 14 March 2003, the Judge Advocate General of the Navy advised you that he had upheld the determination of the Commander, Naval Reserve Force, and denied your appeal of that decision. On 15 April 2005, the Physical Evaluation Board (PEB) determined that you were not physically qualified for service in the Naval Reserve due to rheumatic fever and arthritis that were not the proximate result of your performance of military duty. You were discharged from the Naval Reserve on 28 June 2005, without entitlement to disability benefits administered by the Department of the Navy.

As the Board was not persuaded that you suffered from strep throat during the 14-28 March 2002 period, and that your disability was incurred while you were performing duty in the Naval Reserve, it was unable to recommend any 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, ‘~ 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 PFIEFFER
Executive Director