DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3305-06
25 July 2007
This is in reference to your application for correction of your
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 17 July 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 record shows that following your second failure of selection
to the grade of lieutenant colonel, you were retired with 19
years, 5 months and 16 days of active service under the
provisions of a law which has since been repealed. Under the
provisions of that law, your retired pay was computed based on
50% of your base pay, which is the same as if you had completed
20 years of active service.
On 9 April 2004 the Department of Veterans Affairs (VA) found
that you are presumptively 20% disabled because of residuals of
prostrate cancer based on your exposure to Agent Orange while in
Vietnam. The payments from the VA were offset against your
retired pay.
The law that established Combat Related Special Compensation
(CRSC) states, as it applies to your case, that eligibility for
CRSC required that you be retired with 20 years of active
service. Therefore, your request for entitlement to CRSC was
denied by the Navy Council of Review Boards because you did not
meet the requirement of 20 years of active service. You then
applied to this Board, contending that the action to retire you
was involuntary and unjust and you should have been retained to
complete 20 years of active service.
Since the law requires 20 years of service, the only way to grant
your request is to correct the record to show that you completed
20 years of active duty. In your case, this action would result
in the payment of more than six months of pay and allowances.
Since you have been treated no differently than many others
retired with less than 20 years, the Board could not find an
error or injustice 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,
yom} pe
W. DEAN PFE
Executive Dil r
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