DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
Docket No:
21 February 2001
4809-00
_-
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 8 February 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 noted that the Department of Veterans Affairs (VA) awards disability benefits to
veterans who suffer from conditions it classifies as “service connected”, that is, incurred in,
aggravated by, or otherwise traceable to a period of military service. Such awards are made
without regard to the issue of fitness for military duty.
In addition, disability ratings may be
raised or lowered throughout a veteran’s lifetime as the severity of a rated condition changes.
In order to be entitled to disability benefits administered by the Department of the Navy,
there must be a fmdiig that the service member is unfit to perform the duties of his office,
grade, rank or rating by reason of physical disability. After a finding of unfitness has been
made, and a rating assigned, the rating is fixed as of the date of separation or permanent
retirement.
In your case, the Board noted that although you suffered from a number of
’ medical conditions during your naval service, there is no indication that you were unfit for
duty at the time of your transfer to the Fleet Reserve.
It noted that the VA ratings you
received on 25 June 1997 and thereafter reflect the deterioration of your condition which
‘I’he VA ratings were given retroactive
occurred following your release from active duty.
effect under laws and regulations applicable solely to the VA. The ratings do not
demorsstrate that you were unfit for duty prior to your release from active duty. In addition
to the foregoing, the Board noted that as you continued to perform your duties until
commencing processing for non-disability retirement, you would have
duty under the provisions of SECNAV Instruction
been referred to the Naval Disability Evaluation System.
been presumed fit for
1850.4C, paragraph 2056 had your case
In view of the foregoing, 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
submissi& 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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