DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 09081-07
19 September 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 11 September 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 reenlisted in the Navy Reserve on 21
September 2003 for a term of six years. You were ordered to
active duty on 1 March 2004, in connection with Operation Iragi
Freedom. You received multiple shrapnel wounds to your
extremities in a mortar attack on 2 May 2004. You were examined
and found physically qualified for release from active duty on
15 November 2004. You were released from active duty on 6
January 2005. On 26 January 2005, the Department of Veterans
affairs (VA) granted you service connection and a combined
disability rating of 60%, as follows: residuals of shell
fragment wound of left hand and index finger, 20%; headaches,
tinnitus, posttraumatic stress disorder, traumatic arthritis of
the left knee, residuals of fragment wound of right calf,
residuals of fragment wound of left thigh, each rated at 10%;
and three conditions rated at 0%. The rating decision indicates
that the rated conditions were individually productive of
minimal or mild impairment. The VA denied your requests for
service connection and disability ratings for nine conditions
it did not find or determined were not incurred in or aggravated
by your naval service. On 17 August 2007, the VA increased the
rating for the posttraumatic stress disorder from 10 to 30%,
effective 28 March 2007, for a combined rating of 70%.
The Board concluded that your receipt of VA disability ratings
for multiple conditions effective the day following your release
from active duty is not probative of the existence of material
error or injustice in your Navy record. In this regard, the
Board noted that the VA assigned those ratings without regard to
the issue of your fitness to reasonably perform the duties of
your office, grade, rank or rating by reason of physical
disability. As you have not demonstrated that you were unfit
for duty on 6 January 2005, the Board was unable to recommend
any 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,
Tp DD
ROBERT D.WZSALMAN
Acting Executive Director
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