DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 1091-07
27 June 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 24 June 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.
The record shows that on 8 June 1984 you were issued a
Notification of Eligibility for Retired Pay at Age 60. On 16
January 1989, you reported for a period of extended active duty.
Subsequently, you developed physical problems, and were processed
through the physical disability system. After review, the
Physical Evaluation Board found that you had a disability rated
at 10%. You were given the options of either accepting discharge
Reserve with eligibility for retired pay on 1 November 1996, your
60th birthday. You elected discharge and were honorably
discharged on 31 January 1990 with disability severance pay in
the amount of $98,942.40. When you accepted disability severance
pay, your eligibility for reserve retired pay was ended.
The record shows that in 1991, the Board denied your request for
an increase in your disability rating to 30% anda disability
retirement. You are now requesting that your record be corrected
to show that you were not discharged on 31 January 1990 with
disability severance pay but transferred to the Retired Reserve
with eligibility for retired pay at age 60. You also point out
that since you are not retired, you are not eligible for the
recently enacted Combat Related Special Compensation or
Concurrent Receipt of Military Retired Pay and Department of
Veterans Affairs compensation. You believe that this lack of
eligibility compounds the injustice that has been inflicted in
your case.
The Board believed that you made an informed and well considered
decision when you elected disability severance pay in 1990, given
the amount of the payment and the fact that you would not have
been eligible for reserve retired pay for over seven years which
certainly provided a reasonable basis for acceptance of
disability severance pay. The fact that the law has since
changed to allow further benefits for retired servicemembers does
not establish a basis for a correction to your record. The Board
concluded that you were properly discharged on 31 January 1990
anda correction to your record is not warranted.
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,
Bens
W. DEAN PF
Executive or
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