DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRI
WASHINGTON DC 20370-5100 Docket No. 07938-10
11 April 2011
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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 31 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.
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 enlisted in the Navy on 25 February 1986. On 19 April 2001, the
Physical Evaluation Board (PEB) found you unfit for duty by reason
of physical disability due to lumbar degenerative disk disease (DDD)
which was rated at 20% disabling. You were honorably discharged with
entitlement to severance pay on 13 August 2001 in accordance with
the approved findings of the PEB. On 1’ April 2002, the Department
of Veterans Affairs (VA) awarded you a disability rating of 40% for
lumbar DDD. That rating was based, in large part, on the results
of an examination conducted during March 2002, which indicate that
there was significant limitation of motion of your lumbar spine
The Board noted that unlike VA ratings, which may be raised or lowered
throughout a veteran's post-service lifetime, thoste assigned by the
military departments are fixed as of the date of separation or
permanent retirement. As you have failed to demonstrate that you met
the criteria for a rating in excess of 20% as of 13 August 2001, the
Board was unable to recommend favorable action on your request.
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 uppn 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,
Executive Rj tor
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