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

JRE
Docket No. 08364-06
10 October 2006

This is in reference to your recent letter, in which you requested, in effect, that the Board reconsider its decision of 30 March 2006, and find you fit for duty, or order you to undergo medical reevaluation with a view toward your restoration to the Navy Reserve in a drilling status so that you can complete the service necessary to qualify for Reserve Retirement.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, Considered your request on 5 October 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 carefully considered your contentions to the effect that another individual with a disability similar to yours was allowed to remain on active duty, that in recent years, persons with severe disabilities have been retained on active duty, and that you have been deployed as a civilian government employee in support of DOD elements, but found those matters insufficient to demonstrate that you were erroneously found unfit for duty in years 2000 or 2002 due to the residual effects of prostate cancer. As you have been discharged from the Navy, the Board cannot order you to report for reevaluation of your condition. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request.

You might want to consider requesting that your record be corrected to show that you were transferred to the Retired Reserve in 2002, with entitlement to retired pay at age sixty, in lieu of being discharged with entitlement to disability severance pay. If such corrective action were to be approved you would be indebted for the full amount of the disability severance pay you received, but would be entitled to “gray area” retiree benefits until you reached age sixty, at which time you would be become entitled to retired pay and full retiree benefits.

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 applicant to demonstrate the existence of probable material error or injustice of an official naval record, the burden is on the 

Sincerely,

W.	DEAN PFE IFFER
Executive Director