DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10898-07
12 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 4 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. In this regard, the Board found that
disability retirement is generally reserved for those service
members whose careers are terminated prior to their attaining
eligibility for length of service retirement. Although you were
treated for a number of medical condition during your naval
service, you were examined and found physically qualified for
retirement on 26 October 1998. The fact that the Department of
Veterans Affairs subsequently awarded you separate disability
ratings of 10% for six of those conditions is not probative of
the existence of material error or injustice in your naval
record, because you were awarded those ratings without regard to
the issue of your fitness for military duty at the time of your
release from active duty.
In the absence of evidence which demonstrates that you were
unfit by reason of physical disability to reasonably perform the
duties of your office at the time of your voluntary transfer to
the retired list, 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,
Ww peng
W. DEAN PF
Executive Di xr
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