DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 03938-08
3 November 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 30 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 enlisted in the Navy on 24 September
2001. You were noted to have a congenital chest deformity at
that time, but were found qualified for enlistment because the
condition was felt to be asymptomatic. At some time after your
enlisted, the deformity became painful and caused shortness of
breath. On 26 January 2004, you underwent a surgical procedure
to correct the defect; unfortunately, there were complications
of the surgery, and you were not returned to full duty until
February 2006. You underwent medical assignment screening on 5
April 2006, and were classified as worldwide assignable without
limitations; however, on 18 April 2006 you were found unsuitable
for sea duty because of the repaired chest deformity. You
underwent a medical assessment on 10 Jul? 2006 and were
considered physically qualified for separation. On 20 July 2006,
you were honorably discharged by reason of a condition, not a
disability, which interfered with your performance of duty. _
Effective 21 July 2006, the Department of Veterans Affairs (VA)
awarded you disability ratings of 10% for a superficial scar
that was painful on examination, and 0% for headaches. The VA
denied your request for service connection for chest pain,
rectal bleeding, and shortness of breath.
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. A Sailor may be unsuitable for sea duty
but considered fit for duty and not disabled, as occurred in
your case. Your receipt of disability ratings from the VA is -
not probative of the existence of error or injustice in your
naval record, because the VA assigns disability ratings without
regard to the issue of fitness for military service on the date
of separation.
In view of the foregoing, and as you have not demonstrated that
you were improperly discharged by reason of a condition, not a
disability, or that you were unfit for duty by reason of
physical disability, the Board was unable to recommend
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.
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,
KS
W. DEAN P
Executive D
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