DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 10694-07
9 October 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 30 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.
Your record shows that on 31 August 1968 you transferred to the
Fleet Reserve with 19 years, 6 months and 11 days of active
service. Subsequently, you were retired upon completion of 30
years of total service. The law in effect at the time, allowed
members to transfer to the Fleet Reserve with this length of
service and be paid as if they had completed 20 years of service.
At the time you retired it was required that benefits from the
Department of Veterans Affairs (DVA) be offset against retired
pay. That law has recently changed to allow concurrent receipt
of disability benefits and retired pay. However, those payments
are only being extended to individuals who were retired with 20
years of active service. Since you retired with less than 20
years of active service the Defense Finance and Accounting
Service is apparently denying you concurrent receipt of benefits.
Since the law allowing retirement with less than 20 years of
active service was in effect for many years, there are thousands
of individuals in your situation. Since your retirement was
proper at the time and you are being treated no differently than
many others, the Board concluded that a correction to your record
is not warranted. The Board noted that the proper way to solve
this problem is to attempt to change the law to cover all
individuals in your situation.
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,
Executive Dir
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