DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JR E
Docket No:
10 July 2001
4265-00
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 2001.
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 Naval Reserve on 1 August 1986, by
reason of physical disability, with entitlement to disability severance pay. You were awarded
a 10% rating for a back condition. On 14 November 1988, the Department of Veterans
Affairs (VA) advised you that it had rated your back condition at
20%, and denied service
connection for a psychiatric disorder. On 14 June 1990, the rating for your back condition
was increased to
Veterans Appeals denied your request for secondary service connection for a psychiatric
disorder; however, on 28 October 1998, rating officials at VA regional office awarded you
service connection and
30%, effective from 9 February 1987. On 24 May 1994, the Board of
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a,70% rating for depression, effective from 17 August 1994.
Board noted that the military departments assign disability ratings only to those
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conditions which render a service member unfit to perform the duties of his or her office,
grade, rate or rating, and that assigned ratings are fixed as of the date of separation or
permanent retirement. The VA, however, rates any condition it classifies as service
connected, i.e., incurred in, aggravated by, or traceable to a period of military service, or
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derived from a service connected condition. Ratings are not fixed, and may be raised,
lowered or added throughout a veteran ’s life time, as circumstances warrant.The Board was
not persuaded that you suffered from an unfitting mental disorder when discharged from the
Naval Reserve on 1 August 1986, or that your back condition was ratable at or above 30%
disabling at that time. The unfortunate deterioration in your health which occurred following
your discharge is matter within the purview of the VA, rather than the Department of the
Navy. Accordingly, there is no basis for recommending any corrective action in your case,
and 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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