DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07560-07
1 July 2008
Effective the following
awarded you disability
acral strain and 0% for
minimal residuals of knee surgery. The ratings were increased to
20% and 103%, respectively, effective 24 August 1988.
Your receipt of disability ratings from the VA is not probative
of the existence of error or injustice in your Navy record,
because the VA awarded those ratings without regard to the issue
of your fitness for military duty on 12 May 1978. As you have
not demonstrated that you were unfit to reasonably perform the
duties of your office, grade, rank or rating in May 1978 because
to the effects of your back and/or knee conditions, there is no
basis for granting your request for disability separation or
retirement. 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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