DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06476-09
29 September 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 16
September 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 found that you were discharged by reason HE
physical disability on 30 January 2009, witha disability rating of
10% and entitlement to severance pay pursuant to your acceptance of
the findings made by the Physical Evaluation Board in your case. On
11 March 2009, the Department of Veterans Affairs (VA) awarded you
a Gisability rating of 50%, notwithstanding your failure to appear
for a scheduled VA examination.
The fact that the VA assigned a disability rating that is higher than
the rating assigned by the Department of the Navy is insufficient
to demonstrate the existence of error or injustice in your naval
record, especially since the basis for the VA rating is unclear In
the absence of evidence which establishes that you were entitled to
a rating of 30% or higher from the Department of the Navy, 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.
Tt 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 PFE
Executive D
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