DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10144-10
28 February 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 25
February 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. In
addition, the Board considered the advisory opinion furnished by the
Director, Secretary of the Navy Council of Review Boards dated 20
January 2011, a copy of which is attached, and your response thereto.
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. In
this connection, the Board substantially concurred with the comments
contained in the advisory opinion to the effect that the available
evidence is insufficient to warrant assigning you a permanent
disability rating of 50% or higher for posttraumatic stress disorder
effective 31 January 2009. Although the Board was willing to correct
your record to show that you were transferred to the Temporary
Disability Retired List on 31 January 2009 with a 50% rating for
posttraumatic stress disorder, you did not request or consent to such
corrective action. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
In addition to the foregoing, the Board noted that had it permanently
increased your disability rating for posttraumatic stress disorder
from 10 to 50%, your combined disability rating would have remained
at 90%, and your disability retired pay entitlement still would have
been capped at 75% of your base pay.
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
Grsother matter “not previously considered by the Board. In this
yegard, 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,
\Qead PF
Meceuiaiess
Enclosure
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