DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 JRE
Docket No. 03122-09
26 October 2009
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 22 October 2009. 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
ef your application, together with all material submitted in
support thereof, your naval record and applicable statutes, |
regulations and policies.
Are Gere yl 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. .
The Board found that you were released from active duty on 30
September 1974 and trahsferred to the Temporary Disability List
with a 30% rating for sarcoidosis. You were reevaluated on 16
December 1975 and found to be in good health, with essentially
normal lung function. Your condition was well controlled, with
only rare occasions of shortness of breath and an occasional
need for medication. After reviewing the report of that
examination, the Physical Evaluation Board found you fit for
duty on 22 January 1976. As you declined the opportunity to
-reenlist, you were discharged on 22 March 1976 without
entitlement to disability benefits administered by the
Department of the Navy. The Department of Veterans Affairs (VAS
awarded you a 30% rating for sarcoidosis effective 1 December
2007, .
The Board did not accept your unsubstantiated contention to the
effect that you were much more severely impaired by your lung ©
condition than is indicated by the results of the examination
conducted on 16 December 1975 or the finding of fitness made by
the PEB. The fact that the VA awarded you a disability rating
for your condition more than thirty years after you were
discharged is not probative of the existence of error or
injustice in your naval record because that rating reflects the
severity of your condition in 2007 rather than in 1976, when it
was Largely asymptomatic. 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,
\whus
W. DEAN PFE
Executive Director
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