DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20870-5100
JRE
Docket No. 00171-09
25 March 2010
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 25 February 2010. 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 ali 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.
You were released from active duty on 31 July 1996 and
transferred to the Temporary Disability Retired List (TDRL) the
following day with a combined disability rating of 30% for
conditions of your feet and lumbar spine. On 10 July 1998, the
Physical Evaluation Board (PEB) made preliminary findings that
you remained unfit for duty and were entitled to a combined
disability rating of 40%. On 28 July 1998, you accepted those
findings and waived your right to a formal hearing. The findings
were approved on 30 July 2008, and you were permanently retired
by reason of physical disability.
Your receipt of a disability rating from the Department of
Veterans Affairs (VA) for posttraumatic stress disorder is not
probative of the existence of error in your record, because the
VA assigned that rating without regard to the issue of your
fitness for military service as of the date of your release from
active duty. In the absence of evidence which demonstrates that
you were unfit for duty due to posttraumatic stress disorder
when you were transferred to the TDRL in 2006, there is no basis
for the Board to assign a disability rating to that condition.
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 FRER
Executive’ Director
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