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NAVY | BCNR | CY2009 | 06924-09
Original file (06924-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 06924-09
1 October 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. Your application was considered as a request for
correction of your record to show that you were permanently retired
by reason of physical disability due to ulcerative colitis and

pancreatitis.

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 30
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.

You served on active duty in the Navy from 1 April 1971 to 28 March
1973, when you were transferred to the Temporary Disability Retired
List with a 30% rating for inflammatory bowel disease. The rating
was decreased to 10% effective 5 December 1978, and you were
discharged with entitlement to disability severance pay. The
Department of Veterans affairs (VA) has rated your condition of
“inflammatory bowel disease, probably ulcerative colitis” at various
times at 10 and 30%, as the severity of your condition waxes and wanes.
There is no authority for adding the words “acute pancreatitis” and
“colitis” to your DD Form 214, and it does not appear that any useful
purpose would be served by doing so as both of those conditions are
documented in your naval health record. Accordingly, andas you have
not demonstrated that your disability was ratable at or above 30%
disabling as of 5 December 1978, 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

Lor other matter not previously considered by the Board. In EHS

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
meérvor or injustice. -*

Sincerely,

Laas

W. DEAN PF!
Executive

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