Search Decisions

Decision Text

NAVY | BCNR | CY2008 | 00480-08
Original file (00480-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 00480-08
16 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 9 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 served on active duty in the Navy from
19 July 1994 to 29 July 1999, when you were released from active
duty and transferred to the Temporary Disability Retired List as
a result of being found unfit for duty because of migraine
headaches. You were permanently retired by reason of physical
disability on 30 July 2004, with a disability rating of 30%.

In the absence of evidence which demonstrates that you were fit
for duty on 30 July 2004, or that you were unfit and your
condition was ratable below 30% disabling, there is no basis for
correcting your record to show that you were not permanently
retired by reason of physical disability. 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,

dens

W. DEAN PFET
Executive Di tdr

fea}

Similar Decisions

  • NAVY | BCNR | CY2008 | 02676-08

    Original file (02676-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2009. In addition, the Physical Evaluation Board (PEB) that considered your case on 18 August 2005 found you fit for duty. 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.

  • NAVY | BCNR | CY2007 | 08400-07

    Original file (08400-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval ‘Records, sitting in executive session, considered your application on 31 July 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2008 | 03938-08

    Original file (03938-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2008. In order to be eligible for disability separation or retirement from the Navy, a Sailor must be unfit to reasonably perform the duties of his office, grade, rank or rating by reason of physical disability. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2009 | 00171-09

    Original file (00171-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 February 2010. Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 09891-07

    Original file (09891-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2008. Your receipt of substantial disability ratings from the VA is not probative of the existence of error or injustice in your naval record, because the VA awarded those ratings without regard to the issue of your fitness for military duty on the date of your discharge from the Navy. Consequently, when applying for a correction of an official naval...

  • NAVY | BCNR | CY2007 | 10631-07

    Original file (10631-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 January 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2004 | 01794-04

    Original file (01794-04.rtf) Auto-classification: Denied

    01794-04 13 August 2004This 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 29 July 2004. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable...

  • NAVY | BCNR | CY2008 | 01304-08

    Original file (01304-08.pdf) Auto-classification: Denied

    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. The VA denied your request for service connection for nine other conditions. 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.

  • NAVY | BCNR | CY2008 | 02414-08

    Original file (02414-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 05467-07

    Original file (05467-07.pdf) Auto-classification: Denied

    05467-07 1 July 2008 A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Support thereof, your naval record and applicable statutes, Corps from 10 July 2000 to 31 December 2001, when you were discharged by reason of physical disability, with disability rating of 10% for a Condition of your left ankle. Effective 1 January 2002, the Department of Veterans Affairs (VA) rated the ankle condition at 10%, and added a 0% rating for a...