DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE.
Docket No. 08638-05
20 November 2006
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 16 November 2006. 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 STAEMESS 5 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 released from active duty on 31
December 1973 and transferred to the Temporary Disability Retired
-List with a 30% rating for migraine headaches. You were
discharged with entitlement to disability severance pay on 31
July 1976, with a combined rating of 20% for migraine headaches
(10%), chronic bilateral immersion foot (10%) and recurrent low
back syndrome (0%). Although you. sustained a fractured -fibula on
31 May 1966 as a result of enemy action, and were awarded the
Purple Heart, there is no indication in the available records
that there were any significant residual effects of the fracture
when you were transferred to the TDRL in 1973. Accordingly,
there is no basis for the Board to increase your combined
disability rating, and 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,
NAVY | BCNR | CY2009 | 11951-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on.14 January 2010. The Board concluded that your receipt of a VA disability rating for migraine headaches is not probative of the existence of error or injustice in your Navy 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 | CY2002 | 06397-02
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...
AF | PDBR | CY2010 | PD2010-00264
SUMMARY OF CASE : This covered individual (CI) was an active duty SSGT/E-5 (4A151, Medical Material Journeyman) medically separated from the Air Force in 2006 after more than eight years of service. An Informal PEB determined she was unfit secondary to her bilateral hip condition with a disability rating of 0% for each hip. The VA rated each hip separately under 5010-5013 with 10% each hip for ROM limited by pain.
NAVY | BCNR | CY2007 | 06095-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 June 2008. Your receipt of disability ratings from the VA is probative of the existence of error or injustice in your naval record, as the VA assigns disability ratings without regard to the issue of a service member’s fitness for military duty. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2002 | 07396-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application OR 22 August 2002. You also received multiple ratings of 0% and one of 10 % for The Board was not persuaded that your mood disorder was ratable above 30% disabling at the time of your permanent retirement. 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...
NAVY | BCNR | CY2002 | 08116-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2002. 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 material error or injustice.
NAVY | BCNR | CY2009 | 08905-09
Your receipt of disability ratings from the VA for migraine headaches and related depression is not probative of the existence of material error or injustice in your Navy record, because the VA assigned those ratings without regard to the issue of your fitness for military duty on 31 October 2003. As you were found physically qualified for separation from the Navy, and have not demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason...
NAVY | BCNR | CY2002 | 10312-02
d. Petitioner was released from active duty and discharged from the Navy on 28 February 2002, and he accepted a commission in the Naval Reserve. That Petitioner's naval record be further corrected to show that on 30 May 2002, while he was entitled to receive basic pay, the Secretary of the Navy found him unfit to perform the duties of grade by reason of physical disability due to migraine headaches, and status/post Lisfranc fracture, left foot, which were incurred while Petitioner was...
NAVY | BCNR | CY2008 | 07874-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2009. As you have not demonstrated that your hip/groin condition was unfitting on 31 March 2002 and ratable at 20% or higher, and/or that you back condition was ratable at 30% or more at that time, there is no basis for corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
AF | PDBR | CY2009 | PD2009-00543
The IPEB considered the case, and found him unfit for continued military service due to Chronic Achilles Tendinosis. As noted above, the CI underwent MEB/PEB, and the Right Achilles Tendinosis (coded 5284) was rated at 10% disability. Based on that evaluation, the VA assigned a rating of 10% for Traumatic Brain Injury with Headaches (coded 8045-8100), 10% for Cognitive Disorder with Sleep Disorder (coded 8045-9304), and 10% for Tinnitus (coded 6260).