DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10631-07
28 January 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 17 January 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. In addition, it considered the
contentions of your counsel, the Disabled American Veterans.
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 in the Navy from 8 November 1967
to 21 August 1971 and 23 June 1976 to 1 October 1987, when you
were discharged by reason of physical disability because of a
minor headache condition that was rated at 10% disabling.
Following your discharge, the Department of Veterans Affairs
(VA) awarded you separate ratings of 10%-for arthritis of the
cervical spine and radiculopathy of the right upper extremity,
and 0% for hearing loss. The VA ultimately increased your
combined disability rating to 60%, in 2006.
The Board found that although the VA may rate any condition that
was incurred in or aggravated by a veteran's military service,
and adjust disability ratings throughout a veteran’s lifetime,
the military departments are permitted to rate only those
conditions that render a service member unfit for military duty
as of the date of separation or permanent retirement. As you
have not demonstrated that you suffered from any unfitting
conditions in 1987 other than the headaches, or that you were
entitled to a combined disability rating of 30% or higher at
that time, the Board was unable to recommend 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,
W. DEAN
Executive Dx
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