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NAVY | BCNR | CY2008 | 11371-08
Original file (11371-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 5

2 NAVY ANNEX .
WASHINGTON DC 20370-5100 | Docket No. 11371-08
7 October 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 17 September 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,
‘xegulations 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 released from active duty on 26
February 1987 and transferred to the Temporary Disability
Retired List with a disability rating of 30%. On 5 April 1990
the Records Review Panel of the Physical Evaluation, Board (PEB)
made preliminary findings that you were unfit for duty due to
Chron’s colitis and probable ileitis, which it rated at 10%.
You accepted those findings on 30 May 1990, and were discharged
with entitlement to disability severance pay. The Department of
Veterans Affairs (VA) rated your condition at 10% from 27
February 1987 to 28 February 1990, 0% from | March 1990 to 14
February 2007, and 30% effective 15 February 2007.
~

The Board concluded that you failed to demonstrate that your
disability was ratable at or above 30% disabling when you were
discharged from the Navy in 1990. 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. Although the VA may raise or lower disability ratings
throughout a veteran's lifetime, ratings assigned by the
military departments are fixed as of the date of separation or
permanent retirement, absent a showing or material error or
injustice and favorable action by the Board. As you have not
demonstrated that the rating you were assigned by the PEB in.
1990 is erroneous or unjust, the Board was unable to recommend
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,

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