DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 08646-08
19 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 12 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 you were discharged from the Marine Corps
on 29 December 1989 by reason of physical disability due to the
residual effects of a back injury rated 10% disabling by the
Physical Evaluation Board. The Department of Veterans Affairs
(VA) awarded you a disability rating of 20% for chronic low back
pain effective 30 December 1989.
Although you completed almost eight years of active service, and
attained the rank of staff sergeant, you did not qualify for
disability retirement because your condition was not vatable at
or above 30% disabling as of 29 December 1989. Any increase in
severity of your disability that may have occurred over the past
nineteen years is a matter within the purview of the VA rather
than the Department of the Navy, and would not provide a basis
for granting your request for disability retirement.
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,
W. DEAN P
Executive D CckO
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