DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC
2037~5100
JRE
Docket No: 3797-98
4 May 1999
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 15 April 1999. 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 your name was removed from the Temporary Disability Retired List
(TDRL) on 29 February 1998, and you were permanently retired by reason of physical
disability on 1 March 1998, with a 30% rating. Your retired pay was reduced from that
which you received while on the TDRL, even though your disability rating was the same,
because a service member receives approximately 50% of his base pay while on the TDRL if
his disability rating is 50% or lower. Upon your permanent retirement, however, the
percentage was properly reduced to 30% to reflect the severity of your disability. In the
absence of evidence which demonstrates that your condition was severe enough to warrant a
rating of 50% at the time of your permanent retirement, the Board was unable to
recommend any corrective action in your case. 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
c
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
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