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NAVY | BCNR | CY2007 | 07446-07
Original file (07446-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 07446-07
1 July 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 26 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.

The Board found that you served in the Marine Corps from 26 May
1998 to 31 August 1999, when you were released from active duty
transferred to the Temporary Disability Retired List (TDRL) with
a 40% disability rating for adult onset Still’s disease. The
Department of Veterans Affairs confirmed that diagnosis, and
assigned a 40% rating from 1 September 1999 to 1 May 2002, when
the rating was reduced to 0%. On 1 May 2004 you were discharged
from the Marine Corps by reason of physical disability, with
entitlement to severance pay. On 21 June 2004, the VA increased
your disability rating to 10%. The VA confirmed the 10% rating
in a rating decision dated 24 January 2006, based on a review of
hospital reports and outpatient treatment reports which show
that you had not had an exacerbation of the Still’s disease in
five years. You did not qualify for a 20% rating, which requires
one or two exacerbations per year, or a 40% rating, which
requires symptoms productive of definite impairment of health
objectively supported by examination findings, or incapacitating
exacerbations which occur at least three times a year. As you
have not demonstrated that your condition was severe enough on
30 April 2004 to have warranted a rating in excess of 10%, the
Board was unable to recommend 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

Sincerely,

hae

Executive Di

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