DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 04587-09
22 March 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, gection 1552.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 March 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 congideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered on extended active duty on 30 January 2006. On 12
October 2007 the Physical Evaluation Board found you fit for
duty. On 19 February 2008, you were found psychiatrically fit
for full duty. You were released from active duty on 416 April
2008 and assigned a reentry code of RE-R1, which indicates that
you were qualified and recommended for further service at that
time. An Evaluation Report and Counseling Record (E1-E6) which
covers the 22 July 2008-15 March 2009 period indicates that you
performed your duties in a creditable manner during that period,
to include a thirty-day period of active duty service. You
achieved an individual trait average of 3.00 and were classified
as “promotable" along with six of your peers. On 12 March 2009,
the Department of Veterans néfairs (VA) awarded you a combined
disability rating of 90% for posttraumatic stress disorder,
bilateral knee conditions, a condition of your lumbar spine,
plantar fasciitis with sore feet, asthma, gastroesophageal
reflux disease, and carpal tunnel syndrome.
Your receipt of substantial disability ratings from the VA is
not probative of the existence of error or injustice in your
record because the VA assigned those ratings without regard to
the issue of your fitness for naval service as of the date of
your release from active duty. As you have not demonstrated that
you were unfit to reasonably perform the duties of your grade by
reason of physical disability on 16 April 2008, 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,
Wend
W. DEAN P
Executive rettor
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