DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07914-03
24 October 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 23 October 2003.
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.
Your allegations of error and
In this connection,
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 determined
that photographs of your knee taken on 17 July 2003 are not
probative of your contention that you should have received a
higher disability rating when you were discharged from the Navy
on 4 November 1988.
military departments are fixed as of the date of separation or
permanent retirement,
whereas those assigned by the Department
of Veterans Affairs (VA) may be raised or lowered throughout a
veteran's lifetime as the severity of rated conditions changes.
Ratings are not assigned for pain.
As you have not demonstrated
that your condition was ratable at 308 or higher on the date of
your discharge, the Board was unable to recommend any corrective
action in your case.
It noted that ratings assigned by the
In view of the foregoing, your application has been denied.
names and votes of the members of the panel will be furnished
upon request.
The
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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
You are entitled to have
In this regard,
error or injustice.
Sincerely,
\~
Executive
Diie*
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