DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12280-0608
22 December 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 19 November 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 released from active duty on 1
September 1992 and transferred to the Temporary Disability
Retired List (TDRL) with a 30% rating for posttraumatic stress
Qisorder. On 7 November 1995, the Physical Evaluation Board
(PEB) reevaluated your case and determined that your mental
disorder had improved and was then ratable at 10%. It
recommended that you be discharged with entitlement to
disability severance pay. You were notified of the findings
and recommendation of the PEB by letter dated 13 November 1995.
Fnclosed in that letter were an information sheet which listed
the options available to you, and an election of options form.
The findings of the PEB were approved, and you were discharged
with entitlement to severance pay. The Department of Veterans
Affairs (VA) awarded you a 10% rating for posttraumatic stress
disorder effective 1 April 1996, and increased the rating to 50%
from 22 December 2000, and to 70% from 25 November 2003.
In the absence of evidence which demonstrates that your
condition was ratable at or above 30% disabling on the date of
your discharge from the Navy, the Board was unable to recommend
any corrective action in your case. The increases in your VA
disability rating that occurred during the seven years following
your discharge are not probative of the existence of error or
injustice in your naval record because although the VA may
adjust a veteran’s disability ratings at any time, ratings
assigned by the military departments are fixed as of the date of
separation or permanent 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 E
Bxecutive rector
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