DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 7104-12
207
12 Nanamnoer
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.
'
ation on 5 December 2013. Your allegations of error and
e were reviewed in accordance with administr
tions and procedures applicable to the proceedin
this Board. Documentary material id
consisted of your application, e
submitted in support thereof, your naval record and app
statutes, regulations and policies.
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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.
On 21 September 2010 the Physical Evaluation Board (PEB) made
preliminary findings that you were unfit for duty by reason of
physical disability because of right knee pain, which was rated
at 10% disabling. The PEB also considered the multiple
conditions that had been evaluated and rated by the Department
of Veterans Affairs (VA) in your case, and determined that none
of them rendered you unfit for duty or contributed to the
unfitting knee condition. On 28 September 2010 you waived your
right to submit new or additional material to the PEB or to
demand a formal hearing. You accepted the findings of the PEB
contingent upon your being retained on active duty until 28
December 2010. Your request for retention was 2 proved, and you
were discharged on the date you specified with entitlement to
disability severance pay.
Your receipt of disability ratings from the VA for conditions
not rated by the PEB is not probative of error or injustice in
your naval record because the VA assigns disability ratings
without regard to the issue of fitness for military service.
In the absence of evidence which demonstrates that you were
entitled to a higher disability rating from the PEB for your
knee condition or that you suffered from any other conditions
that should have been rated by the PEB, the Board was unable
to recommend favorable action in your case. 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. Youare 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,
Ly) Dao
W. DEAN PFETFE
Executive Director
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