DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TON DC 20370-5100
WASHINGTO TRG
Docket No: 3710-07
6 February 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 29 January 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.
Your records shows that a physical evaluation board found you
unfit for duty due to coronary artery disease. On 13 July 1993,
you were retired by reason of physical disability with 19 years,
11 months and 13 days of active service. In accordance with the
law in effect at the time, your service was rounded up to 20
years for the purpose of computing your retired pay. You then
filed a claim with the Department of Veterans Affairs (VA) and
were granted a service connected disability pension which is
being offset against your retired pay.
The law changed in 2004 to allow concurrent receipt of retirement
and disability pay (CRDP).. However, in order to be eligible for
CRDP, you must be retired with 20 years of actual service which
you do not have. Accordingly, you are requesting that your
record be corrected to show that you retired with 20 years of
active service.
The Board is receiving many applications from individuals in your
situation. In a previous split decision of the Board in a
Similar case, the dissenting member recommended that the petition
of an individual with over 19 years and 11 months of service be
denied noting that the situation was no different than that of
thousands of others and that Congress apparently deliberately set
the 20 year requirement to prevent individuals in your situation
from receiving the benefits of CRDP. He believed that a change
in the law was the proper disposition of these cases. The
minority recommendation denying a correction to the record was
approved by a designee of the Assistant Secretary of the Navy
(Manpower and Reserve Affairs). This action was taken with the
understanding that it would serve as guidance in future similar
cases.
Since you have been treated no differently than many others in
your situation, the Board could not find an error or injustice in
your case. The Board concluded that a correction to your record
was 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,
Len. P
W. DEAN PFEL bs
AN WY
Executive Di
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