DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10935-07
22 August 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 August 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 Navy from
21 March 1994 to 1 November 2002, when you were discharged by
reason of physical disability due to residuals of crush injuries
to your left hand, which were rated at 20% disabling. On 10
December 2002, the Department of Veterans Affairs awarded you
disability ratings of 30% for degenerative changes in the lumbar
spine, 20% for left shoulder impingement syndrome, 20% for the
residuals of the crush injuries to your left hand, and 0%
ratings for three other conditions.
Your receipt of multiple disability ratings from the VA for
conditions not rated by the Department of the Navy is not
probative of the existence of error or injustice in your Navy
_record, because the VA assigned those ratings without regard to
the issue of your fitness for military duty. As you have not
demonstrated that any of those additional conditions rendered
you unfit to reasonably perform the duties of your office,
grade, rank or rating by reason of physical disability, 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
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,
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