DEPARTMENT OF
BOARD FOR CORRECTION OF NAVAL RECORDS
THE
NAVY
2 NAW ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 946-00
13 June
2ooO
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 18 May 2000. 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. In addition, the Board considered the comments
of your counsel. Due to the extended length of time which has elapsed since your discharge,
the Board was unable to locate a complete copy of your Disability Evaluation Proceedings.
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 enlisted in the Marine Corps on 13 November 1961. On 13 July
1963, the Physical Evaluation Board made preliminary findings that you were unfit for duty
by reason of physical disability because of anxiety reaction, which it rated at 10% under VA
code 9400. On 22 August 1963, the Secretary of the Navy directed that you be discharged
with entitlement to disability severance pay. You were discharged on 10 September 1963 in
accordance with the approved findings of the PEB. On 22 January 1970, you submitted a
claim for disability compensation to the Veterans Administration (VA). On 9 June 1970, the
VA awarded you a 10% rating, based on the results of an examination conducted on 7 May
1970, which indicated that your condition was mild to moderate. You reported that you
were employed, and enjoyed your job, and that you socialized freely. Your main difficulty
at that time was experiencing disturbing dreams, which made you “restless and unhappy”.
On 18 September 1972, based on a review of records from January and July 1972, the VA
increased your rating to 30%. The increase was retroactive to 14 October 1970. Your
disability rating was ultimately increased to 100% effective 9 September 1980.
The Board carefully considered your contention that your condition should have been rated at
30% or higher by the Navy in 1963, but it was not persuaded that the condition was ratable
in excess of 10% at the time of your discharge. The fact that the VA has rated your
condition in excess of 10% disabling since 14 October 1970 was not considered probative of
In this regard, it noted that although VA disability ratings
error or injustice in your record.
may be adjusted throughout a veteran ’s lifetime as the severity of the condition changes,
ratings assigned by the military departments are fixed as of the date of separation or
permanent retirement.
In view of the foregoing, 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
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