DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05467-07
1 July 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
Support thereof, your naval record and applicable statutes,
Corps from 10 July 2000 to 31 December 2001, when you were
discharged by reason of physical disability, with disability
rating of 10% for a Condition of your left ankle. Effective 1
January 2002, the Department of Veterans Affairs (VA) rated the
ankle condition at 10%, and added a 0% rating for a right
scapular fracture. The va added a rating fo 10% for a left knee
condition effective 14 August 2006. The va rating for the ankle
condition was temporarily increased to 100% effective 14 August
2006, and permanently increased to 20% effective 1 February
2007.
The rating actions taken in your case by the VA following your
discharge do not demonstrate that you should have been retired
by reason of physical disability, vice discharged with
entitlement to disability severance pay. In this regard, the
Board noted that the va assigns disability ratings without
regard to the issue of fitness for military service, and it may
modify and/or add disability ratings throughout. a veteran’s
lifetime. The military departments, unlike the VA, are
permitted to rate only those conditions which render a service
member unfit for duty, or contribute to an unfitting condition.
In addition, ratings are fixed as of the date of separation or
permanent retirement, absent evidence of Material error or
injustice and favorable action by the Board.
As you have not demonstrated that your ankle condition was
ratable at 30% or higher on 31 December 2001, or that you had
any other ratable conditions at that time, there is no basis for
recommending 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,
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