DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 5471-00
27 August 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 9 August 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.
In order to qualify for disability separation or retirement from the Navy, a Sailor must be
unfit to perform the duties of his or her office, grade, rank or rating by reason of physical
disability at the time service terminates. Although you were treated for mechanical low back
pain at the end of your enlistment, there is no indication in available records that you were
unfit for duty because of that condition. You were considered fully qualified and fit for
reenlistment, and could have reenlisted had you wanted to. The fact that the Department of
Veterans Affairs (VA) awarded you a disability rating_ for a back condition is not probative
of the existence of error or injustice in your Navy record because the VA must rate all
conditions it classifies as “service connected”, without regard to the issue of fitness for
military duty. 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
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
NAVY | BCNR | CY2009 | 04090-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 February 2010. In this regard, the Board noted that the VA assigned ratings to the lumbosacral strain and radiculopathy without regard to the issue of your fitness to reasonably perform military duty prior to your discharge, and that the rating you received for a mood disorder was based on your condition more than eighteen months after you were discharged from...
NAVY | BCNR | CY2003 | 05954-03
Osgood- In this regard, The Board noted that your receipt of a disability benefits from the VA does not demonstrate that your discharge from the Marine Corps was erroneous. As you have not demonstrated that any of the conditions rated by the VA, either separately or in combination with others, rendered you unfit for duty at the time of your discharge from the Marine Corps, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of...
NAVY | BCNR | CY2007 | 02440-07
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 underwent a pre-commissioning physical examination on 12 December 2000, at...
NAVY | BCNR | CY2002 | 02290-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2002. Unlike the VA, the military departments are permitted to assign disability ratings only in those cases where the service member has been found unfit for duty. 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.
NAVY | BCNR | CY2001 | 05412-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2001. 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. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure SAN DIEGO HEARING PANEL RATIONALE IN THE CASE OF This member appeared before the Panel on 7...
NAVY | BCNR | CY2001 | 06185-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 04458-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 January 2011. As noted above, you were found fit for duty by the PEB, and you accepted that finding, which suggests that you felt that you were fit for duty at that time. 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.
NAVY | BCNR | CY2001 | 08089-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2001. Effective 9 March- 1999, the VA awarded you a 20% rating for your lower back condition, 10% for your varicose veins, and 10% for a condition of your cervical spine. 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.
NAVY | BCNR | CY2000 | 05329-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2001. In this rcgard, the Board noted that in order for a service member to qualify for disability retirement, he must be found unfit to perform the duties of his office, grade, rank or rating by reason of physical disability ratable at or above 30% disabling. The VA assigns disability ratings without regard to the issue of fitness for military duty.
NAVY | BCNR | CY2001 | 05933-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2001. As you have not demonstrated that In this regard, it noted that the VA assigns disability ratings to Affairs(VA) disability rating you were unfit for duty at the time of your discharge from the Marine Corps, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record,...