DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09791-07
22 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 18 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 served on active duty in the Marine
Corps from 10 March 1987 to 18 May 1988, when you were
discharged by reason of physical disability, with entitlement to
disability severance pay, due to patellofemoral pain, which was
rated at 10% disabling by reason of aggravation of a pre-
existing condition. The Department of Veterans Affairs (VA)
rated the condition at 10% effective 25 May 1990, and confirmed
that rating on 27 September 1993. On 20 September 1996, the VA
added 10% ratings for bilateral hip conditions thought to be
secondary to the knee condition. The VA subsequently increased
the individual ratings for the knee and hip conditions to 20%
effective 25 May 1990, for a combined rating of 50%.
Your receipt of a combined VA disability rating of 50% effective
25 May 1990 is not probative of the existence of error or
injustice in your naval record. In this regard, the Board noted
that the military departments were permitted to rate only those
conditions which rendered a service member unfit for duty, or
contributed to an unfitting condition and warranted a separate
rating. The rating you received from the Department of the Navy
was based on your condition at the time the rating was assigned.
The rating is fixed as of the date of your discharge from the
Marine Corps. Unlike the military departments, the VA may rate
any condition it determines was incurred in or aggravated by a
period of service, or is secondary to a rated condition. The VA
assigns ratings without regard to the issue of a veteran's
fitness for military duty vis-a-vis the conditions being
evaluated. In addition, the VA may amend ratings at any time it
determines there has been a significant improvement or worsening
of a rated condition, and it may add ratings for new conditions
that are considered secondary to a rated condition, as in your
case, where you received ratings for bilateral hip conditions
more than eight years after you were discharged.
As you have not demonstrated that your knee condition was
ratable at 30% or higher on 18 May 1988, or that you had other
ratable conditions at that time, 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,
OIaK
W. DEAN PFEI
Executive Dir xr
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