DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04901-10
21 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 17 March
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.
Bfter 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 completed a Report of Medical History on 27 October 2009 in which
you disclosed a history of numerous medical conditions, symptoms and
concerns, as well as your use the use of a CPAP machine for a “sleep
problems”. Each of the foregoing was evaluated and found not
disqualifying for naval service. You underwent a physical
examination on that date and were found physically qualified for
Separation. You were discharged on 28 October 2009 at the expiration
of your enlistment, and assigned a reentry code of RE-1A, to indicate
that you were qualified and eligible for reenlistment at that time.
Following your discharge, you submitted an application to the
Department of Veterans Affairs (VA) in which you requested “service
connection” and disability compensation for multiple conditions.
On 7 December 2009, the VA granted you disability ratings of 40% for
post concussion syndrome, 30% for upper airway resistance, separate
10% ratings for tinnitus, lumbar strain, hiatal hernia with
gastroesophageal reflux disease, grinding your teeth, and varicose
veins left and right legs, and 0% ratings for five other conditions,
as well as special monthly compensation for loss of use of a creative
organ. The VA denied your request for service connection for four
conditions.
Your receipt of disability ratings from the VA is not probative of
the existence of error or injustice in your naval record because the
VA assigned those ratings without regard to the issue of your fitness
for naval service as of 28 October 2009. As you have not demonstrated
that any of the conditions rated by the VA, either alone or in
combination with other conditions, rendered you unfit to reasonably
perform the duties of your office, grade, rank or rating at the time
of your discharge. As indicated above, you were considered qualified
for reenlistment and apparently could have reenlisted had you wanted
to. In addition, your evaluation reports strongly suggest that you
were physically qualified to perform your assigned duties.
In view of the foregoing, 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,
La dos
W. DEAN P E
Executive Director
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