DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 13238-09
8 January 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 7 January 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. In this regard, the Board did not accept
your contention to the effect that you were improperly denied
the opportunity to complete twenty or more years of active
service and qualify for transfer to the Fleet Reserve.
The Board found that on 6 November 2008 you accepted the
findings made by the Physical Evaluation Board (PEB) in your
case, and waived your right to demand a formal hearing and to
request retention on active duty in a pérmanent limited duty
status. You were honorably discharged on 2 February 2009 in-
accordance with the approved findings of the PEB, with
entitlement tq severance pay in the amount of $128,056.20. The
Board concluded that your receipt of substantial disability
ratings from the Department*of Veterans Affairs {VA) for
conditions not rated by the PEB is not probative of the
existence of error or injustice in your naval record, because
the VA awarded those ratings without regard to the issue of your
fitness for military duty vis-a-vis any of those conditions.
In the absence of credible evidence which establishes that you
were unfit to reasonably perform the duties of your rank by
reason of physical disability due to any of the additional
conditions rated by the VA, the Board was unable to recommend
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,
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