DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 684-10
25 October 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.
R three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 21
October 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 released from active duty on 30 November 1984 and transferred
to the Temporary Disability Retired List (TDRL) with a rating of 40%
for brachial plexus neuritis. You were reevaluated by the Physical
Evaluation Board in 1987, and your disability rating was reduced
below 30%; accordingly, you were discharged with entitlement to
disability severance pay on 28 January 1988.
You were not “automatically removed” from the TDRL as you allege in
your application. You were discharged because your condition had
improved during your time on the TDRL and was no longer ratable at
or above 30% disabling. As you have not demonstrated that you were
in fact entitled to a disability rating of at least 30%, the Board
was unable to recommend corrective action in your case.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished upon
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
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,
Ly Dean
W. DEAN PF R
Executive rector
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