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NAVY | BCNR | CY2009 | 05589-09
Original file (05589-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 05589-09
8 January 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 7 January 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
o£ 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 underwent a pre-separation physical
examination on 5 June 1995 and disclosed a history of numerous
medical conditions and complaints, each of which was evaluated
and found not disqualifying by the physician who conducted the
examination and found you fit for separation. You were
honorably discharged on 1 July 1995, in grade E-3, by reason of
non-retention on active-duty, having completed six years of
service. Effective 2 July 1995, the Department of Veterans
Affairs {VA) awarded you a disability rating of 20% for a lower
back condition, and added a rating of 20% for diabetes mellitus,
effective 28 July 1995, the date on which that condition was
diagnosed.

The Board concluded that your receipt of disability ratings from
the VA shortly after you were discharged from the Navy is not
probative of the existence of error or injustice in your naval
record, because the VA assigned those ratings without regard to
the issue of your fitness to reasonably perform military duty on
the date of your separation. As you have not demonstrated that
you were unfit for duty on 1 July 1995 because of the back
condition and/or the diabetes mellitus, and that you should have
received a combined disability rating from the Department of the
Navy of 30% or higher, the Board was unable to recommend
corrective action in your case. Accordingly, your application
has been denied. The names and votes of the members of the
panei 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,

\wQaag

W. DEAN PFE
Executive Di r

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