DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 05180-1090
24 June 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 23 June
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 on active duty in the Marine Corps from 23 February 2004
to 31 December 2007, when you were discharged by reason of physical
disability because a condition which caused you to experience
episodes of syncope (fainting). Effective 1 January 2008, the
Department of Veterans Affair (VA). awarded you separate disability
ratings of 10% for the syncork, tinnitus, cervical strain, and an
adjustment disorder, for a combined rating of 30%. Your combined
rating was increased from 30 to 50% effective 11 September 2008, and
to 80% effective 30 October 2009, at which time you were granted
“individual unemployability” which entitled you to disability
compensation at the 100% rate.
Your receipt of disability ratings from the VA for conditions not
rated by the Department of the Navy 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 military
duty vis-a-vis those conditions. The Board noted that an adjustment
disorder is classified by the military departments as a “condition,
not a disability”, and is not ratable. In addition, although the VA
may amend disability ratings and rate additional conditions at any
time during a veteran’s post-service lifetime, fitness and rating
determinations made by the military departments are fixed as of the
' date of the service member’s separation or permanent retirement. As
you have not demonstrated that you were entitled to a disability
rating from the Department of the Navy of 30% or higher, there is
no basis for taking favorable action on your request. Accordingly,
your application hag 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
ison the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
W. DEAN P
Executive Di
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