DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11295-07
26 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 25 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.
The Board found that you underwent a pre-separation physical
examination on 25 October 1989 and were found qualified for
separation. You were voluntarily released from active duty on
24 November 1989 and honorably. You were assigned a
reenlistment code of RE-1A, to indicate that you were qualified
and recommended for separation at that time. Shortly after you
were discharged, the Department of Veterans Affairs (VA) awarded
you a disability rating of 10% for a condition of your lumbar
spine.
In order to qualify for disability retirement, a service member
who has not completed 20 years of service must be unfit to
reasonably perform the duties of his office, grade, rank or
rating by reason of physical disability which is ratable at or
above 30% disabling. There is no indication in your naval
record that you were unfit for duty on 24 November 1989. The
Board noted that even if you had been unfit for duty on that
date, your initial VA rating decision suggests that your
condition would not have been ratable at 30% or higher, and you
would not have met the minimum rating criteria for disability
retirement. 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,
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