DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00295-09
8 April 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 8 April 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 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.
You appeared before a medical evaluation board (MEB) on 14
September 2007. The MEB established diagnoses of chronic left
scapholunate ligament tear, right de Quervain tenosynovitis,
right wrist ganglion cyst, and right acromioclavicular joint
arthritis, and recommended that your case be referred to the
Physical Evaluation Board (PEB). The PEB considered your case
on 8 November 2007 and found you fit for duty. It reconsidered
and confirmed the finding of fitness on 8 January 2008. You
were released from active duty and discharged on 2 July 2008.
Effective 3 July 2008, the Department of Veterans Affairs (VA)
awarded you separate disability ratings of 0% for nine
conditions; 10% for cervical strain, left wrist fusion, right
wrist tendonitis, and degenerative changes of the left ankle;
20% for lumbosacral strain; and 50% for sleep apnea. The VA
denied your request for service connection for six other
conditions.
Your receipt of disability ratings from the VA is not probative
of the existence of error or injustice in your naval record
because the VA assigned those ratings without regard to the
issue of your fitness for military duty as of 2 July 2008.
Although the Board acknowledged that you suffered from numerous
medical and orthopedic conditions during your naval service, and
that you were not capable of performing some of your duties, it
was not persuaded that you were unfit for duty, i.e., unfit to
reasonably perform the duties of a second class hospital
corpsman. The Board concluded that you could have been continued
to serve in a highly creditable manner had you not been
considered administratively unsuitable for further service due
to grade and length of service considerations.
In view of the foregoing, 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,
Lo. DembQled
Executive Director
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