DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100 .
Docket No. 05874-08
3 August 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 16 duly 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. The Board was unable to obtain your
Department of veterans Affairs (VA) medical records and rating
decisions from the VA.
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 were honorably discharged from the Navy
on 4 April 2007 due to your multiple failures of the physical
fitness assessment. Although you suffered from a number of
medical conditions during your period ef service, you were
considered physically qualified for separation. The Board was
not persuaded that you were unfit to reasonably perform the
duties of your office, grade, rank or rating by reason of
physical disability at that time. Tt concluded your reported
entitlement to substantial disability ratings from the VA is not
probative of the existence Of error oF jojustiee in your navai.
record because the VA assigns disability ratings without regard
to the issue of fitness for military service as of the date of
the veterans separation from the service. 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,
Las
W, DEAN P
Executive tor
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