DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4339-00
25 July 2001
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 17 July 2001.
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.
Your allegations of error and injustice
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.
by it. As such, the issue of your entitlement
Although you might have contracted hepatitis C prior to your release from active duty in
1974, there is no indication in the available records that the you had symptoms of that
condition at that time, or that you were disabled
to a disability rating for that condition is within the purview of the.Department of Veterans
Affairs, rather than the Department of the Navy.
In this regard, the Board noted that the
military departments may assign ratings only to those conditions which render a service
member unfit for duty, and ratings are fixed as of the date of separation or permanent
retirement. The Department of Veterans Affairs, however, must rate all conditions it
classifies as “service connected ”, i.e., incurred in or aggravated by military service, without
regard to the issue of fitness for military service.
veteran’s life time, and may raise or lower ratings as the severity of a rated condition
changes. Accordingly, you should consider reopening your claim with the VA, and
requesting that you be granted service connection for the hepatitis.
It may assign ratings at any time during a
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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