DEPARTMENT OF
BOARD FOR CORRECTION OF
THIE NAVY
NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2037 I-51 00
JRE
Docket No: 3379-00
1 June 2001
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,
secticmn 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
Your allegations of error and injustice
session, considered your application on 17 May 200 1.
regu’.ations and procedures applicable to the
were reviewed in accordance with administrative
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 evaluated by the Physical Evaluation Board (PEB) on 26 June
1998. The PEB made preliminary findings that you were unfit for duty because of chronic,
post-operative back pain. Your chronic leg pain was -listed as a category III condition, that
is, not separately unfitting or contributing to the unfitting condition. You accepted those
findings unconditionally on 8 July 1998, and were
severance pay on 2 September 1998. Following your discharge, the Department of Veterans
Affairs (VA) awarded you 10% ratings for sciatica, an adjustment disorder, and a condition
of your left knee, for a combined rating of 30%.
dislcharged with entitlement to disability
The Board noted that the VA awards disability ratings without regard to the issue of fitness
for military duty. The military departments, however, may rate only those conditions which
render a service member unfit for duty, or which
warrant a separate rating.
condition was ratable at 30% or higher, or that you suffered from additional unfitting
conditions, and were entitled to a combined rating of 30% or higher, the Board was unable
comribute to an unfitting condition and
In the absence of evidence which demonstrates that your back
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
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.
a3nsidered by the Board. In this
Sincerely,
W. DEAN PFEIFFER
Executive Director
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The Informal PEB adjudicated her “chronic low back pain due to degenerative disc disease, without neurologicabnormality, combined thoracolumbar range of motion 195 degrees”as unfitting, rated 10%,with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. SLR test was negative bilaterally and deep tendon reflexes (DTRs) in both legs were normal.The MEB (3 months prior to separation) forwarded to the PEB the...
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