DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 09447-09
7 June 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 3 June
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 in the Navy from 12 July to 1 September 1972, when you
were discharged by reason of erroneous enlistment. Your Navy
personnel record does not show the specific basis of your discharge.
The Board was unable to obtain a complete copy of your Navy health
record from its custodian, the Department of Veterans Affairs (VA).
The few records the VA did provide suggest that you were discharged
because of spondylolosis, 4 spinal disorder that was thought to be
related to a back injury that you had sustained about two years before
youk enlisted. You claimed that the preexisting condition became
symptomatic while you were on active duty as a result of lifting a
sea bag. The VA granted you 4 disability rating of 10% for
radiculopathy, right lower extremity, effective 1 July 2004. The VA
granted you a combined rating of 60% for that condition and related
disorders effective 27 July 2009, and determined that you were
unemployable and entitled to compensation at the 100% level.
The fact that the VA granted you a disability rating approximately
twenty years after you were discharged from the Navy is not probative
of the existence of error or injustice in your naval record. In the
absence of evidence which demonstrates that you were unfit for duty
due to a condition that was incurred in or aggravated by your naval
service, 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.
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,
LS) whe
W. DEAN PFELYF
Executive Dyye r
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