Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 08132-09
Original file (08132-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100

JRE
Docket No. 08132-09

30 March 2010

 

 

 

on for correction of your

o your applicati
s of title 10 of the

to the provision
m i552.

This ig in reference t

naval record pursuant
United States Code, sectio

he Board for Correction of. Naval
considered your

Your allegations of error
dministrative

A three-member panel of t
Records, i
application on 18 Ma
injustice were revie

reguiations and procedures appli
idered by the Board consisted

Board. Documentary material cons.
of - your application, together with all material submitted in

support thereof, your naval record and applicable statutes,

regulations and policies.

and

LOUsS consideration of the entire

und that the evidence submitted was
blish the existence of probable material

After carefu
record, the Board fo

insufficient to esta
error or injustice.

paration physical examina
} miner abnormalities were noted by the

none was considered to be disqualifying for
u were medical r separation.
oluntarily released from active duty
to receive a special separation bonus.

You underwent a pre-s¢e
1992. Although severa
examining physician,
further service, and yo
on @ July 1992, you were Vv
pursuant to your request,
The recent decision of the Department of Veterans Affairs (VA)
to grant you disability compensation for a service-incurred
injury is not probative of your contention that should have been
separated or retired by reason of physical disability, because
the VA awarded that compensation without regard to the issue of
your fitness for naval service prior to your release from active
duty in 1992. In the absence of evidence which demonstrates that
‘you were unfit to reasonably perform the duties of your rank,
there is no basis for recommending 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.

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

Similar Decisions

  • NAVY | BCNR | CY1999 | 08132-09

    Original file (08132-09.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DG 20370-5100 JRE Docket No. 08132-09 30 March 2010 on for correction of your o your applicati s of title 10 of the to the provision m i552. Naval considered your Your allegations of error dministrative A three-member panel of t Records, i application on 18 Ma injustice were revie reguiations and procedures appli idered by the Board consisted Board.

  • NAVY | BCNR | CY2009 | 00651-09

    Original file (00651-09.pdf) Auto-classification: Denied

    The VA st for service connection for three other ugh you had numerous minor conditions that did jidual compensable ratings, VA rating officials he combination of those minimal disabilities ed you with an unspecified “employment arranted a combined overall rating of 10%. Ther as increased to 40% effective 2 December 1998, ive 30 August 2006. compensable disability rating on 9 March 1995 ate the existence of error or injustice in your this regard, the Board noted that the VA ing without...

  • NAVY | BCNR | CY2001 | 01420-01

    Original file (01420-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 2001. The Board found that you enlisted in the Navy on 25 October 1988. separation physical examination on 3 June 1992. 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 | 01137-09

    Original file (01137-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 2010. 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 | CY2001 | 00216-01

    Original file (00216-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 2001. consisted of your application, together with all material submitted in support thereof, limited portions of your naval record and applicable statutes, regulations and policies. The Board was not persuaded that you suffered from post traumatic stress disorder in 1945 that you were unfit for duty in 1950 because of a disability which was incurred...

  • NAVY | BCNR | CY2002 | 08108-02

    Original file (08108-02.pdf) Auto-classification: Denied

    US consideration of the entire record, the Board found that the Fficient to establish the existence of probable material error or a pre-enlistment physical examination on 16 November history contained in the Report of Medical History you history of chicken pox and “gas”. The 30% rating was made (BVA) found that the The Board was not pers service during the 23 Aug service history of bowel ADT, it is very likely th and not aggravated by y that you were unfit for d is a prerequisite...

  • NAVY | BCNR | CY2006 | 06668-06

    Original file (06668-06.rtf) Auto-classification: Denied

    The Boar established a basis for it to addapplication for correction of your visions of title 10 of the for Correction of Naval 3510fl, considered your allegations of error and lance with administrative able to the proceedings of this considered by the Board consisted all material submitted in d and applicable statutes, consideration of the entire evidence submitted was 3tence of probable materialI noted that attention deficit considered disabilities under the of the Navy.fly of the entries...

  • NAVY | BCNR | CY2001 | 06185-01

    Original file (06185-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2001. 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 | CY2002 | 06411-02

    Original file (06411-02.pdf) Auto-classification: Denied

    As you may kn fitness for military duty cases where the service presumption of fitness, disorder were considered insufficient to warrant any corrective ove, you have not demonstrated that you were unfit for duty, isability separation or retirement of a service member. The Veterans Administration and the Gulf War Health rked up these multiple medical problems without definitely defining was found “fit” for retirement, his case was not referred to the PEB r not he was eligible for medical...

  • NAVY | BCNR | CY2007 | 05877-07

    Original file (05877-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 June 2008. The increase in severity of your back condition which occurred during the years following your discharge is a matter under the purview of the VA, rather than the Department of the Navy, as the VA may adjust and add disability ratings throughout a veteran’s lifetime, whereas rating determinations made by the military departments are fixed as of the...