DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09820-07
19 August 2008
tO your application for correction of your
to the provisions of title 10 of the
This is in reference t
naval record pursuant
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
sitting in executive session, considered your
Records,
Your allegations of error and
application on 14 August 2008.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary malterial 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 constientious 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 concluded that your receipt of disability ratings from
the Department of Veterans Affairs (VA) is not probative of the
existence of error or Injustice in your naval record. In this
regard, the Board noted that you were considered fit for
retirement when examined on 1 April 1986, and that the VA
assigned disability ratlings without regard to the issue of your
fitness for military duty. As you have not demonstrated that
you were unfit to reasonably perform the duties of your office,
grade, rank or rating when you were released from active duty in
1986 and transferred
Board was unable to r
case. Accordingly, yo
and votes of the memb
request.
It is regretted that
that favorable action
the Board reconsider
material evidence or
the Board. In this r
a presumption of regu
to the Fleet Marine Corps Reserve, the
commend any corrective action in your
yr application has been denied. The names
rs of the panel will be furnished upon
the circumstances of your case are such
cannot be taken. You are entitled to have
hts decision upon submission of new and
pther matter not previously considered by
egard, it is important to keep in mind that
larity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the bur
existence of probable
gen is on the applicant to demonstrate the
material error or injustice.
Sincerely,
Wun Qh
W. DEAN PF
Executive
R
tor
NAVY | BCNR | CY2008 | 02031-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 09267-09
Your receipt of disability ratings from the VA is not probative of the existence of error or injustice in your naval record because the VA assigned those ratings without regard to the issue of your fitness to reasonably perform your military duties at the time of your release from active duty. As you have not demonstrated that you were unfit for duty at that time, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2007 | 11350-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 00606-07
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 were released from active duty on 13 June 1980 and transferred to the...
NAVY | BCNR | CY2007 | 05877-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2008. The increase in severity of your back condition which occurred during the years following your discharge is a matter under the purview of the VA, rather than the Department of the Navy, as the VA may adjust and add disability ratings throughout a veteran’s lifetime, whereas rating determinations made by the military departments are fixed as of the...
NAVY | BCNR | CY2007 | 02955-07
02955-07 19 May 2008This 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 17 April 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes,...
NAVY | BCNR | CY2007 | 02133-07
The Board noted that you will be entitled to retired pay at age 60 as a former member of the Navy Reserve. Although you suffered from a number of medical conditions during your period of naval service, to include the mild left ventricular hypertrophy, a cervical spine condition, and controlled sleep apnea, which the VA rated at 30, 30 and 503%, respectively, there is no indication in the available records that any of those conditions Significantly impaired your ability to perform your...
NAVY | BCNR | CY2010 | 01189-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. 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. Your receipt of substantial @isability ratings from the VA is not probative of the existence of error or injustice in your naval record because...
NAVY | BCNR | CY2001 | 05412-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 July 2001. 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. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure SAN DIEGO HEARING PANEL RATIONALE IN THE CASE OF This member appeared before the Panel on 7...
NAVY | BCNR | CY2006 | 06513-06
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 in order for a service member to be retired by reason of physical disability,...