DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
JRE
Docket No: 8457-00
16 October 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 4 October
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.
With regard to your request for recomputation of the amount of severance pay you received,
the Board noted that disability severance pay is computed by multiplying monthly basic pay
times two and multiplying the product times the years of service, to a maximum of twelve.
There is no corrective action the Board can take which would entitle you to credit in that
computation for your service in excess of twelve years; however, if you believe that the basic
pay rate used compute your severance pay is erroneous, you should contact the Defense
Finance and Accounting Service and request a recomputation.
The Board noted that noted that you accepted the 10% rating assigned by the Physical
Evaluation Board for your back condition. The Board was not persuaded that you -suffered
from severe intervertebral disc syndrome, with recurrent attacks and intermittent relief, as
required for the 40% rating assigned by the Department of Veterans Affairs (VA). It
appeared to the Board that the VA assigned you a 40% rating based on your subjective
complaints, rather than objective evidence of a severe disease process.
may have been an increase in the severity of your condition following your discharge, which
In addition, there
,bearing on the rating assigned by the Department of the Navy.
has no
application has been denied. The names and votes of the members of
furnished upon request.
Accordingly, your
the panel will be
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
injustice.
material error or
Sincerely,
W. DEAN PFEIFFER
Executive Director
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