DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

JRE
									    Docket No. 04596-06
	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 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 you enlisted in the Navy on 23 March 1984. You were evaluated by a medical board on 11 July 1988 and given a diagnosis of testicular cancer; consequently, you were placed on limited duty for a period of two years. On 25 April 1990, a medical board reevaluated your condition and determined that you were fit for duty. You were voluntarily released from active duty on 4 May 1990, and assigned a reentry code of RE-Ri, to indicate that you were eligible and recommended for reenlistment, but you did not choose to reenlist. On 4 January 1991, the Department of Veterans Affairs (VA) awarded you a disability rating of 10% for cancer of the left testicle, status/post removal of the testicle with lymph node dissection. You were also awarded special monthly compensation for the anatomical loss of a creative organ.

The Board noted that while the VA must rate all conditions that were incurred in or aggravated by a veteran’s period of service, the military departments may assign disability ratings only in those cases where the service member has been found unfit to reasonably perform the duties of his office, grade, rank or rating by reason of physical disability. As your history of cancer and the associated removal of a testicle and lymph nodes did not render you unfit for duty, there is no basis for granting your request for disability separation or retirement. 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,

	W. DEAN PFEIFFER
Executive Director