DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON 0G 20370-5100
JRE
Docket No. 01137-0909
9 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 4 March 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. In this regard, the Board found that you
were released from active duty on 31 August 1992 at your request
so that you could attend law school. The fact that the
Department of Veterans Affairs (VA) awarded you disability
compensation in 2007 for a condition that was incurred while you
were on active duty does not demonstrate that you were unfit for
duty when released from active duty in 1992. The VA may awards
disability compensation to a veteran at any time and without
regard to the issue of the veteran’s fitness for military
service, whereas the military departments are permitted to
assign disability ratings at the time of separation or
retirement, and only in those cases where the service member has
been found unfit for military service. As you have not
demonstrated that you were unfit in 1992, 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,
\eeSht
W. DEAN PF R
Executive or
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