DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 59 13-00
5 September 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 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.
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 initially enlisted in the Navy on 7 July 1961, and had several
periods of active duty service thereafter. The Veterans Administration (VA) awarded you a
10% rating for a knee condition, effective 29 January 1970, during a break in your service.
You reenlisted in the Navy on 29 July 1975, and served until 9 May 1978, when you were
discharged pursuant to your request. There is no indication in the available records that your
knee condition rendered you unfit for duty at that time. On 23 February 1979, the VA
reinstated the 10% rating for the knee condition, and made the rating effective from the day
after the date of your discharge. The rating was increased in succeeding years, and several
ratings were added for other conditions. You were assigned a combined rating of 60% from
1 September 1994, and 80% from 27 January 1999.
The Board noted that the VA must rate all conditions it classifies as “service connected”,
without regard to the issue of fitness to perform military duty. In addition, VA ratings may
be raised or lowered throughout a veteran’s lifetime, and additional ratings may be added.
The military departments may assign disability ratings only in those cases where the service
fixed as of the date of separation or permanent
member has been found unfit to perform the duties of his office, grade, rank or rating by
reason of physical disability, and ratings are
retirement. Your service provides an excellent illustration of the differences between the VA
and military disability systems. Although you were considered “disabled” by the VA when
you reenlisted in 1975, you were found fit for enlistment in the Navy, and you served
without significant problems for almost three years despite the knee condition. Upon your
discharge, the previous disability rating was reinstated by the VA, which once again
determined that you were disabled. As you have not demonstrated that you were unfit for
duty when discharged on 9 May 1978, the Board was unable 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 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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