DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04280-10
10 March 2011
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 1”
February 2011. 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 served enlisted in the Navy on 23 July 2008. You were examined
on 6 February 2009 and found physically qualified for separation.
You signed a medical record entry on that date in which you
acknowledged that you had been found qualified for separation, and
that some conditions, while not considered disqualifying, might
entitle you to benefits from the Department of Veterans Affairs (VA).
You were released from active duty and discharged by reason of
erroneous entry on 18 February 2009; unfortunately, the specific
not shown in the available records. On 22 June 2010, the Department
of Veterans Affairs (VA) awarded you separate disability ratings of
10% for tinnitus and left shoulder tendonitis, as well as a rating
of 303 for migraine headaches.
Your receipt of disability ratings from the VA for conditions it
classified as “service connected” is not probative of the existence
of material error or injustice in your naval record because the VA
assigned those ratings without regard to the issue of your fitness
for duty when you were released from active duty and discharged. In
the absence of evidence which demonstrates that you were unfit to
reasonably perform the duties of your rank by reason of physical
: disability on 18 February 20099376-07, or that it would be in the
‘interest of justice to correct your record in such a manner that you
t would be entitled to full benefits under the GI Bill, the Board was
‘unable to take favorable 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,
\)yad
We Sahl
Executive Diyetvo
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