DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04391-07
9 May 2008
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
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the enclosed rationale of the hearing panel of
the Physical Evaluation Board that considered your case on 3
June 1999. The fact that the Department of Veterans Affairs
assign a higher disability rating, in accordance with policies
and regulations applicable to that department, is not probative
of the existence of error or injustice in your naval record. It
is clear that your disability caused only minimal functional
impairment, and did not warrant a rating in excess of 10%.
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,
Tt DS Pfs Nemes.
ROBERT pWzgaLMAN
Acting Executive Director
Enclosure
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