DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 03762-0939
15 June 2009
ben iia
This is in. reference to your application for correction of your
maval 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 11 June 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
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.
The Board found that you were evaluated by a medical board on 4
April 2006 and given a diagnosis of status/post first and second
degree burns of your hands. The medical board recommended that
your case be considered by the Physical Evaluation Board (PEB).
The PEB found you fit for duty on 28 September 2006, and you
accepted that finding on 16 October 2006. On 23 April 2007, you
were discharged for the convenience of the government by reason
of a “condition not a disability”.
On 5 January 2008, the Department of Veterans Affairs (VA)
awarded you disability ratings of 50% for obstructive sleep
apnea, 10% and for residuals of electrical shock left hand and
forearm, and 30% for the right arm, separate 10% ratings for
lumbosacral strain and a specific phobia, and 0% for two other
conditions. The ratings were effective from 24 April 2007.
The Board was not persuaded that you were unfit for duty by
reason of physical disability on the date of your discharge, as
your symptoms were minimal and did not preclude you from
reasonably performing your duties. In addition, you accepted
the finding of fitness that was made by the PEB. The fact that
the VA awarded you substantial disability ratings effective the
day following your discharge is not probative of the existence
of error or injustice in your naval record because those rating
were assigned without regard to the issue of your fitness for
Military duty. 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,
Ree ROS eS —
Fern_W. DEAN P
Executive Director
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