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NAVY | BCNR | CY2006 | 05464-06
Original file (05464-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO



 JRE
Docket No. 05464-06
12 June 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 31 May 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 evaluated by the Physical Evaluation Board (PEB) on 18 January 2006 and found fit to continue on active duty. Prior to making that finding, the PEB carefully considered all of the significant residuals of your gunshot wound. You were voluntarily discharged from the Navy on 10 February 2006 by reason of completion of required service. You were assigned a reentry code of RE-i to indicate that you were eligible and recommended for reenlistment. On 10 March 2006, the Department of Veterans Affairs (VA) awarded you disability ratings of 50% for residuals of the gunshot wound, 10% for right knee chondrolmalacia, 10% for tinnitus, and 0% for left foot arthritis, for a combined rating of 60%.






The Board concluded that your receipt of substantial disability ratings from the VA effective the day following your discharge from the Navy does not demonstrate that you were discharged in error. In this regard, the Board noted that the VA must rate all conditions it determines are “service connected”, i.e., incurred in or aggravated by military service, and ratings are assigned without regard to the issue of fitness for military service. The military departments, however, are permitted to assign disability ratings only in those cases where a service member has been found unfit to reasonably perform the duties of his office, grade, rank or rating by reason of physical disability. Only those conditions that render the service member unfit for duty, or contribute to an unfitting condition and warrant a separate rating, are ratable. As you have not demonstrated that you were unfit f or duty at the time of your voluntary discharge, there is no basis for granting your request for corrective action. 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,





        

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