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

	TRG
	Docket No:01903-05
	 31 August 2005

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 31 August 2005. 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.

On 12 June 1995 while you were serving on active duty in the grade of master sergeant, a physical evaluation board found you unfit for duty with disabilities rated at 40%. You were released from active duty on 31 August 1995 and transferred to the Temporary Disability Retired List (TDRL). At that time you had completed 19 years, 7 months and 24 days of active service. On 1 September 1997 you were permanently retired.

You are requesting that the record be corrected to show that you retired with 20 years of active duty so that you will be eligible for Concurrent Retired and Disability Payment (CRDP). You contend that since you are receiving retired pay based on 20 years of service and have a 60% disability rating from the Department of Veterans Affairs (DVA), you are entitled to CRDP.

You have been informed that Public Law 108-13 6 provided for CRDP for retirees with 20 years of active duty and a 60% disability rating from the DVA. CRDP for all others will be phased in over a 10 year period.
Since you have been treated no differently than many others
retired for physical disability with less than 20 years of active service, the Board concluded that a correction to your record to show 20 years of active duty is not warranted.

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