DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JR
WASHINGTON DC 20370-5100 Docket No. 07273-08
19 November 2009
Dear aaa
‘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 12 November 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. In this regard, the Board found that you
were discharged with entitlement to disability severance pay on
1 July 1996. The fact that your entitlement to disability
compensation from the Department of Veterans Affairs (VA) has
been offset against the amount of severance pay you have
received, and that the VA recently awarded you a disability
rating of 100%, do not demonstrate that you should have received
a rating of 30% or higher from the Department of the Navy in
1996. 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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