DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No, 02421-09
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.
Your case was evaluated by a medical evaluation board (MEB) on
13 March 2008. The MEB gave you diagnoses of right quadriceps
tendon rupture, status-post repair with chronic weakness and
tendinopathy; status-post wound infection and dehiscence of the
wound; and lumbosacral degenerative joint disease without
radicular symptoms. On 9 June 2008 the Physical Evaluation
Board (PEB) reviewed your case and found you fit for duty. The
PRB reconsidered and confirmed that finding on 23 July 2008. The
President, PEB, denied your request for a formal hearing on 31
July 2008.
In a rating decision dated 1 November 2008, the Department of
Veterans Affairs (VA) awarded you separate disability ratings of
0% for three conditions; 10% for left shoulder strain, post-
operative right patella tendon with patellofemoral syndrome and
strain, a scar on your right knee, tinnitus, and an adjustment
disorder; and 20% for lumbar strain with intervertebral disc
syndrome, right sciatic nerve, with spondylolisthesis and
spondylolysis. Your combined VA rating of 60% was effective from
13 October 2008.
Your receipt of VA disability ratings for multiple conditions is
not probative of the existence of material error or injustice in
your naval record because the VA assigned those ratings without
regard to the issue of your fitness for Military duty at the
time of your release from active duty. In addition, the
findings of the VA suggest that the rated conditions were found
to be productive of minimal to mild impairment ef functioning.
As you have not demonstrated that you were unfit to reasonably
perform the duties of your rank at the time in question, the
Board was unable to recommend any 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,
Wy Qaade
W. DEAN PFE
Executive Dive xr
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