DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05851-08
5 June 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 29 May 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 you served on active duty in the Navy from
30 September 1976 to 26 September 1980, when you were released
from active duty. and transferred to the Navy Reserve upon the
completion of your active duty service commitment. Effective 30
January 1998, the Department of Veterans Affairs (VA) awarded
you a disability rating of 30% for residuals of a fractured left
mandible.
The Board could not find any indication in the available records
that you were unfit for duty by reason of physical disability on
26 September 1980. The fact that the VA awarded you a
substantial disability rating more than seventeen years later is
not probative of the existence or error or injustice in your
naval record because that award was made without regard to the
issue of your fitness for military duty as the date of your
release from active 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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