DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00630-07
9 May 2008
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 8 May 2008. 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.
Disability separation and retirement are reserved for those
cases in which disability caused or contributed to early
termination of a service member’s career. Although you have a
history of numerous medical conditions, none of those conditions
was considered disqualifying for separation by the physician who
performed your pre-separation physical examination. You were
discharged from the Navy because you had exceeded the maximum
age for retention on active duty, rather than because of any of
your health concerns. The fact that the Department of Veterans
Affairs (VA) awarded you disability ratings for seven conditions
is not probative of the existence of error or injustice in your
naval record, because the VA acted without regard to the issue
of your fitness for military service. The VA rating decision
dated 3 February 2006 indicates that your most significant
condition, mild tricuspid valve regurgitation, did not cause any
functional impairment or time lost from work, which would
support a finding of fitness for duty.
As you have not demonstrated that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your naval service, the Board was unable to recommend
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,
ROBERT D. ZSALMAN
Acting Executive Director
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