DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 07874-10
13 May 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 12 May
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 inj ustiee..
You served on active duty in the Navy from 4 June 1975 to 30 January
1982, when you were discharged by reason of physical disability with
entitlement to severance pay for a condition of your right knee that
was rated at 10% disabling. Effective the following day, the
Department of Veterans Affairs (VA) awarded you a 10% rating for the
knee condition. The VA added a 10% rating for a shoulder condition
in 1991, and increased the rating for the knee condition to 20% in
2001.
Although the VA may adjust a veteran’s disability at any time during
his post-service lifetime, ratings assigned by the military
departments are fixed as of the date of 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
as of 30 January 1982, there is no basis for granting your request
for correction of your record to show that you were retired by reason
of physical disability. 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,
W. DEAN
Executive
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