DEPARTMENTOFTHE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
JRE
Docket No. 08114-02
7 August 2003
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 7 August 2003. 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 reenlisted in the Navy on 31 January
1991. You were released from active duty on 25 February 1994,
and transferred to the Temporary Disability Retired List (TDRL)
the following day, with a disability rating of 30%. You were
permanently retired by reason of physical disability on 26
February 1999, with a disability rating of 100%.
The Board noted that once a member has been transferred to the
TDRL, his disability rating is fixed until such time as he is
found fit for duty, discharged, or permanently retired by reason
of disability. Absent evidence of material error or injustice
in connection with the completion of your disability evaluation,
there are no provisions of law that would permit the assignment
of an earlier effective date of your permanent retirement and
100% rating. 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,
Executive Di
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