DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §. COURTHOUSE ROAD BLDG 12, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 3519-13
December 16, 2013
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 12 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 9 January 2008 to 6
December 2009, when you were discharged for the convenience of
the government due to a minor knee condition which, although not
disabling, interfered with your performance of duty.
Your receipt of a disability rating from the Department of
Veterans Affairs (VA) is not probative of the existence of error
or injustice in your Navy record because the VA assigns ratings
without regard to the issue of a veteran’s fitness for military
service at the time of separation from the service. As you have
not demonstrated that your knee condition rendered you unfit by
Printed on &) Recycled Paper
reason of physical disability, 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 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,
\o Deen
W. DEAN PF
Executive Director
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