DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX |
WASHINGTON DC 20370-5100
JRE
Docket No. 04756-06
20 July 2007
NO ADDRESS PROVIDED
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 19 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. In this regard, the Board found that although
it appears that your elbow and hip conditions were not fully
evaluated during your Temporary Disability Retired List (TDRL)
periodic physical examination, you have not demonstrated that
either condition was unfitting and warranted a disability rating
when your name was removed the TDRL and you were discharged with
entitlement to disability severance pay. The fact that the
Department of Veterans Affairs (VA) continues to rate those
conditions is not probative of the existence of error or
injustice in your Navy record, because the VA awards disability
ratings without regard to the issue of fitness for military duty.
In the absence of evidence which establishes that either or both
of those conditions rendered you unfit to reasonably perform the
duties of your office, grade, rank or rating, 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,
W. DEAN PFE
Executive Dire xr
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