DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05790-09
20 July 2009
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 16 July 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. In this regard, the Board found that
although you may have been suffering from the early stages of
multiple sclerosis (MS) when released from active duty on 1
March 2002, a diagnosis of MS is not unfitting per se. You were
examined prior to your release and considered qualified for
separation, and there is no indication in the available records
that you were unable to reasonably perform the duties of your
office, grade, rank ox rating by reason of physical disability
at that time. It appears that you would have continued to
perform your duties in an outstanding manner if you had been
selected for promotion to the rank of lieutenant commander and
retained on active duty.
The fact that the Department of Veterans Affairs (VA) granted
your request for service connection for MS effective 14 August
2007, and assigned a rating of 30%, which is the minimum rating
authorized for that condition, is not probative of the existence
of error or injustice in your naval record. The VA granted your
request on a presumptive basis because your condition was
diagnosed within eight years of your release from active duty.
The VA rating action does not imply that you were unfit for duty
in 2002 or entitle you to a disability rating from the Navy.
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,
W. DEAN PF
Executive Di
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