Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 04454-01
Original file (04454-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD  FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No: 4454-01
26 February 2002

Dear

ifi reference to your application for correction of your naval record pursuant to the

This is 
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 14 February 2002. 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 were discharged from the Navy oh 15 September 1995, by reason
of physical disability. On 29 October 1996, the Department of Veterans Affairs awarded you
a combined disability rating of 0% for degenerative joint disease of the spine, at the 
L4-5, and 
lower spinal condition was increased to 10% effective 1 February 1997.

L5-S 1 levels, and residuals of removal of a benign lipoma. The rating for the

C3-4,

The Board was not persuaded that you were improperly discharged by reason of physical
disability, rather than retired, or that you were misinformed of your rights during your
It noted that in order for a service member who has not
disability evaluation processing.
completed 20 years of active duty service to be retired by reason of physical disability, he
must be unfit for duty by reason of a disability, or combination of disabilities, ratable at 30%
or higher. As you have not demonstrated that you met the 30% criterion, the 
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.

Board was

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



Similar Decisions

  • NAVY | BCNR | CY2002 | 06397-02

    Original file (06397-02.rtf) Auto-classification: Denied

    06397-02 28 February 2003This 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 21 February 2003. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable...

  • NAVY | BCNR | CY2002 | 00113-02

    Original file (00113-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2002. The Board found that on 21 November 1994, the Physical Evaluation Board (PEB) made preliminary findings that you were unfit for duty because of an Ll burst fracture, rated at 30%) and a left acetabular fracture and a coccygeal injury, rated together at 30%) for a combined rating of 50%. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY2008 | 05771-08

    Original file (05771-08.pdf) Auto-classification: Denied

    You contend that you are statutorily entitled to a disability rating of 50% A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 July 2009. Documentary material considered by the Board consisted of your application, together with ali 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,...

  • NAVY | BCNR | CY2002 | 02290-01

    Original file (02290-01.pdf) Auto-classification: Denied

    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 | CY2009 | 00171-09

    Original file (00171-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2010. Documentary material considered by the Board consisted of your application, together with ali 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 | CY2009 | 06432-09

    Original file (06432-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. 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. 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 | CY2008 | 00009-08

    Original file (00009-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 November 2008. The Board concluded that the rating actions taken by the VA in your case in 2002 and 2004 are not probative of the existence of error or injustice in your naval record. 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 | CY2012 | 08393 12

    Original file (08393 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2012. As you have not demonstrated that you were entitled to a disability rating of 30% or higher from the Department of the Navy as of 24 February 1993, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2010 | 06149-10

    Original file (06149-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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 | CY2009 | 00745-09

    Original file (00745-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2009. The Board found that your final disability rating was based on an assessment of the level of impairment caused by your disabilities, rather than on the number of years of creditable service you completed. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...