DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 02031-08
22 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 18 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. In this regard, the Board found that
although you were placed on limited duty on 12 February 1985, in
accordance with the approved findings of a medical board, you
were found fit for full duty on 12 September 1985. You
underwent a pre-Sseparation physical examination on 10 January
1986 and were found physically qualified for separation. You
were released from active duty on 8 February 1986 by reason of
completion of obligated service. On 21 April 1986, the Veterans
Administration (VA) awarded you a 10% rating for a condition of
your left knee.
Your receipt of a VA disability rating is not probative of the
existence of error or injustice in your Navy record, as the VA
assigned that rating without regard to the issue of your fitness
for military service. As you have not demonstrated that you
were unfit for duty on 8 February 1986, there is no basis for
granting your request. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
If you believe that your knee condition is disabling at the
present time, you should contact the VA and request to reopen
your claim with that department.
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, A
\g
W. DEAN PFI
Executive
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