DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10067-0608
20 July 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 9 July 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
21 March 1983 to 9 July 1987, when you were transferred to the
Navy Reserve. On 25 January 1989, the Department of Veterans
Affairs (VA) awarded you a 0% rating for a gynecological
condition. The rating was increased to 10% on 6 April 2001.
The Board concluded that your receipt of a disability rating -
from the VA is not probative of the existence of arror or
‘injustice in your Navy record, because the VA assigned that
rating without regard to the issue of your fitness to perform
Military duties at the time of your release from active duty. As
the available records do not demonstrate that your gynecological
condition rendered you unfit for duty on 9 July 1987, there is
no basis for recommending corrective action in your case.
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,
NAVY | BCNR | CY2001 | 06664-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 October 2000. On 31 August 1999, the VA increased the rating for the gynecological condition to 3096, effective from 1 September 1996, based, in large part, on the deterioration of your condition which occurred following your release from active duty. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2008 | 12224-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 June 2009. The fact that you were awarded a combined VA disability rating of 30% effective 21 August 2000 is not probative of the existence of error or injustice in your naval record, because that rating was based on an assessment of the severity of your disabilities more than ten years after you were discharged from the Navy. Consequently, when applying for a...
NAVY | BCNR | CY2008 | 11371-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, ‘xegulations and policies. The fact that the VA recently increased your disability rating to 30% is not probative of the existence of error or injustice in your naval record, because that rating was assigned because your condition had become more severe. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2009 | 01359-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2009. In the absence of evidence which demonstrates that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason of physical disability at the time of to your discharge, the Board was unable to recommend corrective action in your case. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2002 | 06453-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2003. The fact that the VA has awarded you substantial disability ratings is not probative of the existence of error in your Navy record, because the VA assigns disability ratings without regard to the issue of fitness for duty. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2007 | 09282-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 May 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 10575-08
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. Rased on the medical evaluation, you were processed for separation by reason of erroneous enlistment due to being allergic to the smallpox vaccination. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 04265-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2001. On 14 November 1988, the Department of Veterans Affairs (VA) advised you that it had rated your back condition at 20%, and denied service connection for a psychiatric disorder. 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.
NAVY | BCNR | CY2009 | 01452-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 December 2009. 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. You were so discharged on 17 August 1987.
NAVY | BCNR | CY2008 | 07914-08
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. As you have not demonstrated that any of the conditions rated by the VA, other than patellofemoral syndrome, rendered you unfit to reasonably perform the duties of your office, grade, rank or rating at the time of your discharge, the Board was unable to recommend corrective action in your...