DEPARTMENT GF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE .
Docket No. 10151-08
1i May 2009.
This is in reference to your application for correction of your
naval record pursvant 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 7 May 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 Navy by reason
of physical disability on 21 October 1988, due to diabetes
mellitus which was rated at 20% disabling. The Veterans
Administration (VA) rated that condition at 20% from 22 October
1988 to S$ dune 2000, when the rating was increased to 40%. The
rating was increaged due to the increased severity of the
condition which occurred during the ten-plus years following
your discharge from the Navy.
The Board noted that although the VA may raise or lower ratings
at any time to reflect changes in the severity rated conditions,
ratings assigned by the military department are fixed as of the
date of discharge. As you have not demonstrated that you were
entitled to a rating in excess of 20% as of 21 October 1988, the
Board was unable to recommend any 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,
ek ». A ene
ROBERT D> ZSALMAN
Acting Executive Director
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