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

JRE
Docket No. 07569-06
2 July 2007

	Dear,

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 28 June 2007. 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 were discharged from the Navy on 15 November 1993, in accordance with your request, with entitlement to a special separation bonus in the amount of $47,522.70. You were diagnosed with diabetes mellitus in 1998, and effective 29 August 2003, the Department of Veterans Affairs (VA) awarded you a disability rating for that condition. On 3 August 2006, you were advised that the VA was required to withhold your monthly disability payments until such time as the amount withheld offsets the full amount of your SSB. Although you had elevated blood sugar readings on several occasions prior to your discharge from the Navy, you were not diagnosed with diabetes mellitus for several years thereafter. Even if you had been diagnosed with that condition prior to your discharge, you would not have been entitled to disability separation or retirement, because you have not demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating at that time. Your belief that you would have been better off had you remained on active duty until you qualified for length of service retirement does not demonstrate the existence of material error or injustice in your record.

In view of the foregoing, there is no basis for granting your request. 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