DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04734-09
9 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, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 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 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 this regard, the Board was not persuaded
that you were unfit for duty by reason of physical disability
when you were released from active duty in 1993. It noted that
you remained in the Navy Reserve until 7 March 1999, and there
is no indication in the available records that you were
considered not physically qualified for service at any time
between 1993 and 1999. Your receipt of disability ratings from
the Department of Veterans Affairs is not probative of the
existence of error or injustice in your Navy record because the
VA awards disability ratings without regard to the issue of
fitness for military duty.
In view of the foregoing, 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,
en R
Executive Dir r
NAVY | BCNR | CY2012 | 08393 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 October 2012. As you have not demonstrated that you were entitled to a disability rating of 30% or higher from the Department of the Navy as of 24 February 1993, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2009 | 08005-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2010. On 2 June 1999, a formal hearing panel of the PEB considered your case and assigned you a combined disability rating of 10% for conditions of your lumbar and cervical spine. 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.
NAVY | BCNR | CY2010 | 01148-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 01060-01
A three-niember panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 06089-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2000 | 06868-00
In the case of disability, the DD 214 will show active duty for only the period for which the member was ordered to active duty for training. The DD 214 will be issued to: (1) Personnel Released from Active Duty. The form will be prepared for personnel being separated from a period of active du* for training, full-time training duty, or active duty for special wo&k when the period of service was 90 days or more.
NAVY | BCNR | CY2007 | 08210-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. You were separated from the Navy with a bad conduct discharge on 31 January 1997. 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.
NAVY | BCNR | CY2002 | 06525-02
member had a history of hyperthyroidism which is The member appeared before the formal board requesting ratings for his low back pain, ankylosis. his patellofemoral syndrome, and hip These The member With reference to the member's hyperthyroidism, he testified this was diagnosed in March 1998. accident he had in 1997. medical record. The member appeared before the formal PEB case file, Remarkably, no where in the member's or even in his letter to the PEB dated hip ankylosis, appears the...
NAVY | BCNR | CY1999 | 03049-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 April 1999. As you have not demonstrated that you were unfit for duty because of a lower back condition or a hiatal hernia at the time of your discharge, the Board was unable In addition, it noted that ratings to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY1999 | 05990-98
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. On 14 February 1994, the Record Review Panel of the Physical Evaluation Board made preliminary findings that you were unfit for duty because of your back condition, which it rated at 20% under VA code 5295, as lumbosacral strain. Consequently, when applying for a correction of an official...