DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04539-10
28 May 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 28 May
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.
Although you suffered from an intestinal disorder during your service
in the Navy, that disorder was not considered to be unfitting when
you were released from active duty and transferred to the Retired
List oni July 1996. The fact that the Department of Veterans Affairs
(VA) assigned a disability rating of 0% to your intestinal disorder
effective the day after you were released from active duty, and
assigned a disability rating of 0%, is not probative of the existence
of error or injustice in your naval record because it does not
establish that you were unfit for military duty on 30 June 1996. It
is important to note that the VA assigns disability ratings without
regard to the issue of a veteran’s fitness for military duty at the
time of his separation or retirement, whereas the military
departments assign disability ratings only in those cases where a
service member has been found unfit to reasonably perform the duties
of his office, grade, rank or rating. 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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