DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 03548-09
7 June 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 panei of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 3 June
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
thie regard, the Board found that the disability rating of 100%
which you ultimately received from the Department of Veterans Affairs
(vA) effective the day following your discharge from the Navy in 1996
was based on changes in disability rating criteria that became
effective approximately six months after you were discharged. In
addition, it appears that the 100% rating may have been based on a
misinterpretation of the rating schedule by VA rating officials. In
‘this regard, the Board noted that the available records do not show
that you met the criteria for the 100% rating, i.e., that the daily
use of systemic (oral or parenteral) high-dose corticosteroids was
required, as you were prescribed low-dose inhaled anti-inflammatory
medications. In any event, as the revised rating criteria were not
in effect on the date of your discharge from the Navy, there is no
basis for the Board to increase the 10% rating you received at that
time. 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,
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