DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05377-09
18 December 2009
t
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 17 December 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 honorably discharged from the Navy
Reserve on 29 February 1996 at the expiration of your
enlistment, and that you were recommended for reenlistment at
that time. Although you had received minor injuries in an
automobile accident while traveling to a period of inactive duty
training, for which you received a Notice of Eligibility for
Disability Benefits for the period of recovery from the acute
effect of the injuries. In addition, you were medically excused
from drills to undergo corrective surgery. There is no
indication in the available records that the residual effects of
the injuries rendered you unfit to reasonably perform the duties
of your rank at the time of your discharge.
The fact that the Department of Veterans Affairs initially
awarded you minimal disability ratings for the residual effects
of your minor injuries is not probative of the existence of
error or injustice in your naval record, because the ratings
were assigned without regard to the issue of your fitness for
military duty. The subsequent increases in the VA ratings, and
the assignment of ratings for additional conditions such as
reportedly painful scars on your face, were based on your
condition at the times the ratings were assigned, rather than at
the time of your discharge.
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,
\ad
W. DEAN P F
Executive Diredter
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