DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11250-106
11 August 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 11
August 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.
In this regard, the Board found that you were discharged without
entitlement to disability benefits administered by the Department
of the Navy because the Physical Evaluation Board (PEB) determined
that your heart condition was not incurred in or aggravated by
your naval service, and that you did not suffer from any other
unfitting conditions. The determination of Department of Veterans
rating officials that your heart condition was ratable because “all
systems were normal” when you entered on active duty was considered
insufficient to demonstrate that the PEB erred when it determined
that your condition was not ratable. 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,
NAVY | BCNR | CY2010 | 04422-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2011. You were discharged in accordance with the approved findings of the PEB on 31 March 2007. 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.
NAVY | BCNR | CY2008 | 06051-08
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NAVY | BCNR | CY2010 | 11518 10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2011. Your receipt of disability compensation from the VA is not probative of the existence of error or injustice in your naval record because the VA made that award without regard to the issue of your fitness for military duty. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...
NAVY | BCNR | CY2002 | 07396-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application OR 22 August 2002. You also received multiple ratings of 0% and one of 10 % for The Board was not persuaded that your mood disorder was ratable above 30% disabling at the time of your permanent retirement. 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...
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2011. Effective 23 March 1994, the Department of Veterans Affairs (VA) awarded you disability ratings of 20% for the spinal disc eondition, 10% fer CTS of each wrist, 50% for a total hysterectomy with removal of ovaries and fallopian tubes, and 0% for two other conditions. Consequently, when applying for a correction of an official naval record, the...
NAVY | BCNR | CY2007 | 03233-07
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.The Board found that you were evaluated by a medical board on 9 March 1988 and given a diagnosis of...
NAVY | BCNR | CY2002 | 04558-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2008 | 12280-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2009. In the absence of evidence which demonstrates that your condition was ratable at or above 30% disabling on the date of your discharge from the Navy, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2010 | 06233-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...