DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE .
Docket No. 12440-08
23 November 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 transferred to the Temporary
Disability Retired List effective 1 August 1970 retired by
reason of physical disability on 31 July 1970 with a disability
rating of 30% for residuals of a gunshot wound of your left
shoulder. You were permanently retired with a 30% rating in
1973. On 31 March 1978 the Veterans Administration (VA)
assigned a 20% to your shoulder condition. The VA added a 10%
rating for a depressive disorder in 2005, and increased the
rating to 20% effective 21 February 2007. The VA raised the _
rating for the shoulder condition to 30% effective 6 June 2007.
The Board concluded that your receipt of disability compensation
from the VA for a depressive disorder is not probative of the
existence of error or injustice in your naval record, because
the VA assigned the disability rating more than thirty years
after you were retired, and without regard to your condition as
of the date of your retirement. Although the VA may assign
disability ratings throughout a veteran’s lifetime, the military
departments may do so only at the time of a service member's
separation or retirement. As you have not demonstrated that you
should have received a disability rating for a depressive
disorder or posttraumatic stress disorder as of the date of your
permanent retirement, or that your shoulder disability was
ratable at more than 30% disabling at that time, 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,
W. DEAN PFEL
Executive Di
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