DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01980-09
25 January 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 14 January 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 were released from active duty on 28 February 1989 and
transferred to the Temporary Disability Retired List (TDRL) due
to the residual effects of a broken leg. Your condition was
reevaluated by the Physical Evaluation Board in 1994. As your
condition was no longer ratable at thirty percent or higher, and
you had been on the TDRL for five years, you were discharged
with entitlement to disability severance pay.
The Board noted that although the Department of Veterans Affairs
(VA) may raise or lower a veteran’s disability ratings
throughout his lifetime, ratings assigned by the military
departments are fixed as of the date of a service member's
separation or permanent retirement. The fact that the
Department of Veterans substantially increased your disability
ratings during the fifteen years following your discharge was
not considered probative of the existence of error or injustice
in your naval record, because the increases were based on
changes in the rated conditions which occurred after you were
discharged. In the absence of evidence which demonstrates that
you should have received a rating of thirty percent or higher
from the Department of the Navy in 1994, 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 panei will be furnished upon request.
Tt 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,
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