DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 487-12
153 Decemper 201%
Dea
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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 December 2013. 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 Navy from 24 November 2009 to
19 January 2010, when you were discharged for the convenience
of the government due to patellar tendinitis which, although
not disabling, interfered with your ability to complete entry
level training.
Your reported receipt of a disability rating of 10% from the
Department of Veterans Affairs (VA) is not probative of the
existence of error or injustice in your naval record, because
the VA assigns disability ratings without regard to the issue
of the veteran’s fitness for military service vis-a-vis rated
conditions. As you have not demonstrated that you were unfit
for service by reason of physical disability that was incurred
in or aggravated by your brief period of naval service, the Board
was unable to recommend favorable action on your request.
Accordingly, your application has been denied. The names and
votes of the panel members 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. Inthis 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 | 05180-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 June 2011. Your receipt of disability ratings from the VA for conditions not rated by the Department of the Navy is not probative of the existence of error or injustice in your naval record because the VA assigned those ratings without regard to the issue of your fitness for military duty vis-a-vis those conditions. Consequently, when applying for a correction...
NAVY | BCNR | CY2007 | 09791-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 September 2008. In addition, the VA may amend ratings at any time it determines there has been a significant improvement or worsening of a rated condition, and it may add ratings for new conditions that are considered secondary to a rated condition, as in your case, where you received ratings for bilateral hip conditions more than eight years after you were...
NAVY | BCNR | CY2009 | 11951-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on.14 January 2010. The Board concluded that your receipt of a VA disability rating for migraine headaches is not probative of the existence of error or injustice in your Navy record. 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 | CY2011 | 12128 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2012. 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 offical naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 05305-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 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...
NAVY | BCNR | CY2009 | 13238-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 2010. In the absence of credible evidence which establishes that you were unfit to reasonably perform the duties of your rank by reason of physical disability due to any of the additional conditions rated by the VA, the Board was unable to recommend corrective action in your case. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2007 | 03478-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 May 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in Support thereof, your naval record and applicable statutes, The Board found that on 28 January 2005, the Physical Evaluation Board (PEB) made preliminary findings that you were unfit for duty by reason of bilateral knee conditions, each of...
NAVY | BCNR | CY2010 | 05797-10
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...
NAVY | BCNR | CY2010 | 07762-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 2011. You accepted those findings on 10 January 1989, and were honorably discharged from the Marine Corps on 17 February 1989 Following your discharge, the Department of Veterans Affairs (VA) awarded you a 10% rating for the flat feet condition, and denied your request for service connection fora bilateral knee condition. Consequently, when applying for a...
NAVY | BCNR | CY2008 | 11371-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, ‘xegulations and policies. The fact that the VA recently increased your disability rating to 30% is not probative of the existence of error or injustice in your naval record, because that rating was assigned because your condition had become more severe. Consequently, when applying for a correction of an...