DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 26370-5100
JRE ;
Docket No. 09469-08
24 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 13 August 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 separated from the Navy on 1
February 2008 pursuant to your request for discharge for the
convenience of the government due to a condition, not a
disability, which precluded you from further service in
submarines. The condition was allergic dermatitis that was
caused by a chemical used to tan leather. On 22 April 2008 the
Department of Veterans Affairs (VA) awarded you a 30% rating for
dermatitis that affected less than 5% of your total skin area.
It appears the rating was based on your presumed need for
systemic therapy for a total duration of six weeks or more
during the twelve months prior to the effective date of the
rating.
The Board concluded that your receipt of a substantial
disability rating from the VA is not probative of the existence
of error or injustice in your record, because the VA assigns
disability ratings without regard to the issue of fitness for
military duty. Although you suffered from dermatitis, you were
considered fit for duty and could have remained on active duty
had you not requested discharge. As you have not demonstrated
that you were unfit for further service by reason of physical
disability, your application has been denied. 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,
\nhuS
W. DEAN PF
Executive Di tor
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