DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 04018-08
23 March 2009
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 19 March 2009. 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 19 June 2002, the Physical Evaluation
board (PEB) made preliminary findings that you were unfit for
duty because of degenerative joint disease of the left knee,
which was ratable at 10% disabling. The diagnosis of major
depressive disorder, single episode, moderate, in partial
remission, was classified as a category III condition, that was
not separately unfitting and did not contribute to the unfitting
joint disease. The diagnosis of alcohol dependence, in early
full remission, was classified as a condition that did not
constitute a physical disability. You accepted those findings on
27 June 2002, and you were discharged with entitlement to
disability severance pay on 21 November 2002.
The Department of Veterans Affairs (VA) awarded you a combined
disability rating of 60% effective 22 November 2002, for your
knee condition (30%), posttraumatic stress disorder (30%),
degenerative disc disease L5-S1 with ligamentous strain (10%),
and chronic eczema (10%). The rating for the posttraumatic
stress disorder was increased to 100% effective 9 March 2003.
The Board concluded that your receipt of substantial disability
ratings from the VA effective the day after you were discharged
from the Navy is not probative of the existence of error or
injustice in your Navy record. In this regard, it could not
find any indication in your naval record that you were suffering
from posttraumatic stress disorder prior to your discharge, or
that your depressive disorder was unfitting. The PEB assigned a
rating of 10% to your knee condition under code 5003, as
osteoarthritis, because you did not have a ratable limitation of
motion in that joint. For reasons that were unclear to the
Board, the rating VA rated your knee condition under VA code
5260 at 30%, which is assigned when there is an extremely
limited range of motion in the knee. Such a limitation of
motion is not documented in your record. The Board condluded
that as the remaining conditions rated by the VA did not
significantly interfere with your performance of military duty,
there is no basis for rating them.
As you have not demonstrated that you were entitled to a
disability rating of 30% or higher from the Department of the
Navy as of the date of your discharge, the Board was unable to
recommend 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.
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,
lO Deaths
DEAN PF R
Executive redtor
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