DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5~OO

JRE
Docket No. 08259-07
29 July 2008

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 24 July 2008. 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 served on active duty in the Navy from 20 June 2001 to 19 June 2006, when you were discharged by reason of “Physical Standards”, and assigned a reentry code of RE-4. Your discharge was based on you repeated failure to meet physical fitness assessment standards. Following your discharge, the Department of Veterans Affairs (VA) awarded you a combined disability rating of 30% for residuals of childbirth injuries you sustained while giving birth, which were repaired prior to your discharge.

The Board concluded that your receipt of a substantial disability rating from the VA is not probative of the existence of error or injustice in your naval record, because the VA assigned that rating without regard to the issue of your fitness to perform military duty at the time of your discharge. The available records do not demonstrate that your minimal incontinence rendered you unfit to reasonably perform the duties of your office, grade, rank or rating 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.

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