DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JURE
Docket No. 07922-09
23 November 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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 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 released from active duty on 8
August 2003 and transferred to the Temporary Disability Retired
List with a disability rating of 40% for diabetes mellitus. The
Physical Evaluation Board (PEB) reevaluated your condition on or
about 3 December 2008, and made the preliminary finding that you
were fit for duty. You accepted that finding on 17 December
2008, and your case was finalized by the President, PEB, on 19
December 2008.
In the absence of evidence which demonstrates that you were
unfit for duty by reason of physical disability on 8 August 2003
due to the effects of sleep apnea, there igs no basis for
correcting your record to show that you received a disability
rating for that condition from the Department of the Navy. Your
receipt of a disability rating from the Department of Veterans
Affairs (VA) for that condition would not be probative of the
existence of error or injustice in your naval record, because
the VA assigns disability ratings without regard to the
veteran’s fitness for military duty as of the date of separation
or permanent retirement. Accordingly, 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,
NAVY | BCNR | CY2008 | 09521-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 July 2009. Your receipt of disability ratings from the VA for numerous conditions that were not evaluated or rated by the PEB 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 for military duty, and you have not demonstrated that any of those conditions...
NAVY | BCNR | CY2008 | 01495-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 00606-07
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 released from active duty on 13 June 1980 and transferred to the...
NAVY | BCNR | CY2009 | 03762-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. The medical board recommended that your case be considered by the Physical Evaluation Board (PEB). 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.
NAVY | BCNR | CY2008 | 12280-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2009. In the absence of evidence which demonstrates that your condition was ratable at or above 30% disabling on the date of your discharge from the Navy, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2007 | 04706-07
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.On 12 November 2003, the Physical Evaluation Board made preliminary findings that you were unfit...
NAVY | BCNR | CY2007 | 09908-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2008. It appears that you were not permitted to reenlist at that time because you were unable to pass the Marine Corps physical fitness test (PFT) because of your shoulder condition. 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.
NAVY | BCNR | CY2008 | 06907-08
06907-08 18 May 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: wi REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. Petitioner was involuntarily discharged from the Marine Corps on 11 July 2008 for the convenience of the government due to a condition, not a disability, namely, migraine headaches. That Petitioner's naval record be further corrected to show that on 10 July 2008, while he was entitled to receive basic pay, the Secretary of the Navy found...
NAVY | BCNR | CY2008 | 05692-08
A three-member panel of the Board for Correction of Navai Records, sitting in executive session, considered your application on 4 June 2009. As noted above, you accepted the initial findings of the PEB, waived your right to a hearing, and acknowledged that you would be separated or retired by reason of physical disability. 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.
NAVY | BCNR | CY2009 | 07721-09
You had no military status during the period from 26 June 1979 to 19 December 1988. , The Board considered your application and all pertinent records in accordance with the provisions of SECNAV Instruction 5420.193, enclosure (1), Procedures of the Board for Correction of Naval Records (codified at 32 CFR 723), paragraph 3e. During the 1979-1989 period, you received treatment from VA health care providers for multiple conditions such as hip, back and knee pain, chronic recurrent foot pain,...