DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 06361-10
18 April, 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 14 mp
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. 14 October 1976
to 15 November 1979, when you were discharged by reason of physical
disability because of an unfitting shoulder condition. The Veterans
Administration (VA) rated that condition at 10% from 16 September
1985 to 4 February 2000, when the rating was increased to 30%. On
3 March 2010, the VA granted your request for service connection for
depression thought to be secondary to your shoulder condition, and
assigned a separate rating of 70% for that disorder.
Although the VA is permitted to add and amend disability ratings at
any time during a veteran's post-service lifetime, military
disability determinations are fixed as of the date of the service
member’s separation or permanent retirement. As you have not
demonstrated that your shoulder condition was ratable above 10%
disabling as of 15 November 1979, or that you suffered froma ratable
mental disorder at that time, the Board was unable to recommend any
corrective action. 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 cA€annot be taken. You are entitled to have the Board
, reconsider its deéision upon submission of new and material evidence
,or,other matter nat 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,
W. DEAN SEARS
Executive Dive Fi
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