DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
5 September 2001
5545-00
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, section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 30 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. In addition, the Board
considered the comments of your counsel.
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 released from active duty on 31 October 1951 and transferred
to the Temporary Disability Retired List
(TDRL) with a disability rating of 30%. You were
discharged from the Marine Corps on 10 August 1953, with a disability rating of
20%, and
$1,559.40. Due to the extended period of time which has
severance pay in the amount of
elapsed since your discharge, the evidence upon which the Secretary of the Navy based the
decision to reduce your rating was not available for review by the Board, and it was
constrained to apply a presumption of regularity to that determination. The fact that the
Veterans Administration awarded you a combined disability rating of
rated.several
conditions not rated by the Navy, was considered insufficient to demonstrate that you should
have been permanently retired from the Marine Corps.
ratings on the presumptive severity of the residuals of your wounds, rather than on an
objective assessment of the functional impairment caused by those residuals. As the Board
was not persuaded that the disability rating you were assigned by the Secretary of the Navy
is erroneous or unjust, it was unable to recommend any corrective action in your case.
It appears that the VA based its
70%, and
Accordingly, your application has been denied.
panel will be furnished upon request.
The names and votes of the members of the
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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