DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09581-07
11 August 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 7 August 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 underwent a pre-retirement physical
examination on 5 February 1983 and were found physically
qualified for transfer to the Fleet Reserve. You were released
from active duty on 25 June 1973 and transferred to the Fleet
Reserve the following day. In a Department of Veterans Affairs
(VA) rating decision dated 17 September 2007, you were granted
service connection and a disability rating of 50% for
posttraumatic stress disorder effective 3 April 2007. Your
previous ratings of 30% for coronary artery disease and 20% for
hypertension were continued. The effective dates for those
ratings are not show in the available records.
Your receipt substantial disability ratings from the VA during
the twenty-five years following your transfer to the Fleet
Reserve is not probative of the existence of error or injustice
in your naval record. In this regard, the Board noted that the
VA assigns disability ratings without regard to the issue of
fitness for military duty at the time of separation or
retirement. As you have not demonstrated that you were unfit
for duty on 25 June 1973, there is no basis for granting your
request for disability 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,
*
EAN
Executive eXftior
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