DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00057-07
20 July 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 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.
The Board rejected your erroneous contention to the effect that you
are entitled to disability retirement pay retroactive to 1973 because
you were never contacted by the Department of the Navy after you were
released from active duty and transferred to the Temporary Disability
Retired List (TDRL) in 1973. In this regard, the Board noted that
you underwent TDRL periodic physical examinations on 24 October 1974
and 9 December 1975, as directed by Department of the Navy officials,
and your case was reevaluated by the Physical Evaluation Board (PEB)
on 26 January 1976. As you know, the approved findings of the PEB
provided for the reduction of your disability rating to 20%, removal
of your name fromthe TDRL, and discharge with entitlement to disability
severance pay. You were so discharged on 18 March 1976.
The issue of your entitlement todisability retired pay for the 1973-1976
period is a matter within the purview of the Defense Finance and
Accounting Service. You should note, however, that during the period
when your name was on the TDRL, military retired pay entitlements were
offset dollar for dollar against disability compensation received from
the Veterans Administration (VA). Itislikely that you didnot receive
disability retired pay because you elected to receive VA disability
compensation, which may have been greater than your retired pay
entitlement.
In view of the foregoing, 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 consideredbytheBoard. Inthis regard,
itis important to keep inmind that apresumption of regularity attaches
toall official records. Consequently, when applying for acorrection
ofanofficialnaval record, theburdenisontheapplicant todemonstrate
the existence of probable material error or injustice.
Sincerely,
Va Seas
W. DEAN PFE
Executive Di r
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