DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11350-07
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 on 27 January 1986, the Physical Evaluation
Board (PEB) found you unfit for duty due to flexion contracture
of two fingers of your left (non-dominant)hand, which it rated
at 10% disabling. You requested reconsideration of that
finding, and on 26 February 1986, the PEB found you fit for
duty. As you continued to complain of pain in your left hand,
your case was once again forwarded to the PEB in November 1986.
The PEB found you unfit for duty, and assigned a disability
rating of 10%. You were discharged by reason of physical
disability, with entitlement to severance pay, on 29 December
1986, in accordance with the approved findings of the PEB.
In the absence of evidence which demonstrates that your
condition was ratable at or above 30% disabling on 29 December
1986, which was the minimum rating necessary for you to qualify
for disability retirement, there is no basis for recommending
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 request.
The Board suggest that you consider submitting an application to
the Department of Veterans Affairs for disability compensation
for your hand condition.
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,
\s
W. DEAN BF
Executive Di
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