DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05877-07
17 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 12 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 Board found that you served on active duty in the Marine
Corps from 6 March 1967 to 7 August 1970, and in the Navy from
13 March 1975 to 23 March 1975 and from 16 October 1981 to 24
February 1986, when you were discharged by reason of physical
disability due to a lower back condition that was rated at 20%
disabling. The Veterans Administration (VA) awarded you
disability ratings of 0% from 25 February 1986, 10% from 11
March 1986, 60% from 1 July 1992, 80% from 27 December 1994 and
90% from 8 October 1996. It appears that you did not receive a
compensable rating for posttraumatic stress disorder until
10992, or for your back condition until 1994. The former
condition apparently stems from your service in the Marine Corps
during your initial enlistment.
The available records do not demonstrate that you suffered from
hemorrhoids, hypertension, or posttraumatic stress disorder on
24 February 1986, or that your lower back condition was ratable
at or above 30% disabling on that date. The increase in severity
of your back condition which occurred during the years following
your discharge is a matter under the purview of the VA, rather
than the Department of the Navy, as the VA may adjust and add
disability ratings throughout a veteran’s lifetime, whereas
rating determinations made by the military departments are fixed
as of the date of the service member’s separation or retirement.
In view of the foregoing, 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,
aber
W. DEAN P E
Executive Di¥éctor
4
NAVY | BCNR | CY2009 | 08797-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2010. Your receipt of a combined disability rating of 10% from the VA shortly after you were released from active duty is not probative of the existence of error or injustice in your naval record because those ratings were assigned without regard to the issue of your fitness for military duty on 25 June 1985. Consequently, when applying for a correction of...
NAVY | BCNR | CY2009 | 07721-09
You had no military status during the period from 26 June 1979 to 19 December 1988. , The Board considered your application and all pertinent records in accordance with the provisions of SECNAV Instruction 5420.193, enclosure (1), Procedures of the Board for Correction of Naval Records (codified at 32 CFR 723), paragraph 3e. During the 1979-1989 period, you received treatment from VA health care providers for multiple conditions such as hip, back and knee pain, chronic recurrent foot pain,...
NAVY | BCNR | CY2007 | 01180-07
Specifically, the panel of the Board that considered your case was not persuaded you were issued the silencing order described in your application, that you suffered from posttraumatic stress disorder while serving on active duty in the Navy, or that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason of physical disability prior to your separation from the Navy. Two other survivors of the Liberty attack have applied for correction of their naval...
NAVY | BCNR | CY2010 | 00485-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 November 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 11128-09
, The Board concluded that in view of your failure to disclose your pre-service history of posttraumatic stress disorder when you applied for enlistment, it would not be in the interest of justice to correct your record to show that you were retired by reason of physical disability due to posttraumatic stress disorder. In the Board’s opinion, the provisions of title 38, Code of Federal Regulations, part 4.129 (38CFR4.129) required VA rating officials to apply a convalescent rating, rather...
NAVY | BCNR | CY2007 | 07975-07
DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEX WASHINGTON DC 20370-5100 JREDocket No. 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...
NAVY | BCNR | CY2010 | 04094-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. 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. The VA rating officials who made that award found no objective evidence in your naval health record that was pertinent to your claim, and they...
NAVY | BCNR | CY2010 | 13827-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 2011. 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. You served on active duty in the Marine Corps from 29 December 2003 to 28 December 2007, when you were voluntarily released from active duty at the...
NAVY | BCNR | CY2001 | 04265-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2001. On 14 November 1988, the Department of Veterans Affairs (VA) advised you that it had rated your back condition at 20%, and denied service connection for a psychiatric disorder. 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.
NAVY | BCNR | CY2008 | 08410-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your haval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...