DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 12710-09
3 August 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 29 July
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 were discharged by reason of physical disability in 1999 pursuant
to the approved findings of the Physical Evaluation Board (PEB) dated
23 June 1999 that your condition of immune thrombocytopenia was
unfitting and ratable at 0% disabling.
The possibility that that an unfitting condition may increase in
severity following a service member’s discharge is insufficient to
demonstrate that the member is entitled to disability retirement vice
separation with entitlement to disability severance pay. It appears
that you were discharged rather than retired because your condition
was asymptomatic when your case was finalized, and was properly rated
at 0%. As you have not demonstrated that you were entitled to a higher
disability rating at that time, 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,
-
W. DI
Executive
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