DEPARTMENT OF THE NAVY
‘BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 00797-10
9 March 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 4 March 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 found that you
were discharged on 2 August 1984 because of eustachian tube
dysfunction that disqualified you from serving on submarines,
but did not render you unfit for duty. Your receipt of a 10%
disability rating from the Department of Veterans Affairs (VA)
effective from 18 December 2003 is not probative of error or
injustice in your Navy record because the VA awarded that rating
without regard to the issue of your fitness for duty at the time
of your discharge. In the absence of evidence which demonstrates
that you were unfit for duty on 2 August 1984,
there is no basis for correcting your record to show that you
were separated or retired by reason of physical disability.
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,
lo!
W. DEAN "P
Executive r
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