DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00064-08
6 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 2 October 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 were discharged from the Navy on 26
January 2003 by reason of non-retention on active duty.
Effective 27 January 2003, the Department of Veterans Affairs
(VA) awarded you disability ratings of 30% for total abdominal
hysterectomy and 0% for sinusitis, left salpingo-oopherectomy, a
scar, and migraine headaches.
The Board concluded that although you suffered from a number of
medical conditions during your career in the Navy, you were
considered fit for separation. The fact that you received a
combined VA disability rating of 30% effective the day following
your discharge is not probative of the existence of error or
injustice in your Navy record, because the VA awarded that
rating without regard to the issue of fitness for military
service. The Board was not persuaded that any of the conditions
rated by the VA, or the congenital brain malformation that was
diagnosed after you were discharged, rendered you unfit for
duty. 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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