DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10460-09
10 May 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 5, May 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 personnel record, the naval medical
records you submitted, 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 could not find
any indication in the available records that you were unfit for
duty by reason of physical disability when you were released
from active duty in 1965. Your receipt of disability
compensation from the Department of Veterans Affairs (VA) for
conditions related to your naval service is not probative of the
existence of error or injustice in your naval record because the
VA awarded that compensation without regard to the issue of your
fitness for duty when you were released from active duty. In
addition, there is no action the Board can take that would
require the VA to assign an earlier effective date of your
disability rating.
In view of the foregoing, 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,
ROBERT D. ZSALMAN
Acting Executive Director
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