2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00693-06
2 April 2007
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 29 March 2007. 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 on 1 May
2002 by reason of physical disability because of a disorder of
your lumbosacral spine that was rated at 10% disabling.
Following your discharge, the Department of Veterans Affairs (VA)
awarded you a 10% rating for that condition, and added ratings
for headaches, hemorrhoids, hypertension, and bilateral knee
conditions, for a combined rating of 50%.
The Board concluded that your receipt of VA disability ratings
‘for multiple conditions that were not rated by the PEB is not
probative of the existence of error or injustice in your naval
record. In this regard, the Board noted that the VA rates all
conditions it classifies as “service connected”, i.e., incurred
in or aggravated by military service. In addition, the VA
assigns ratings without regard to the issue of fitness for
military duty. The military departments, unlike the VA, are
permitted to rate only those conditions that render a service
member unfit for duty at the time of separation or retirement.
As you have not demonstrated that you any of the additional
conditions rated by the VA rendered you unfit for military duty
at the time of your discharge, the Board was 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.
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 D
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