DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04071-09
21 October 2009
This is in referencé to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552, in which you requested that
your record be corrected to show that you completed 20 years of
service and are entitled to concurrent receipt of disability and
retired pay. ,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 September 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 discharged from the Navy by reason
of physical disability on 20 May 1988, with a disability rating
of 10% for a hip condition. You completed 15 years, 1 month and
27 days of active duty service, and 18 years, 9 months and 10
days of service qualifying for Reserve retirement. On 15 June
1989, the Board granted your request for correction of your
record to show that you were transferred to the Temporary
Disability Retired List (TDRL) on 20 May 1988, vice discharged:
with entitlement to disability severance pay. You contended at
that time that you were more severely disabled than indicated by
the 10% rating you had received on 20 May 1988. You were
permanently retired by reason of physical disability effective 1
December 1991, with a disability rating of 60%.
The Board did not accept your unsubstantiated contention to the
effect that you were improperly and/or prematurely retired by
reason of physical disability before you could complete 20 years
of service creditable for military retirement. The Board
concluded that it would not be in the interest of justice to
grant you service credit for periods when you did not perform
any service. 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,
lpDear’ :
W. DEAN PFE
Executive Director
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