DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 51-13
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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.
h three-member panel of the Board for Correction of Nava
Records, sitting in executive session, considered your
application on 9 January 2014. Your allegations of error and
La 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.
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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.
You served in the Navy from 8 November 2005 to 6 March 2012 when
you were discharged by reason of physical disability due to a
Spinal disorder that was rated 20% disabling. That rating, which
was established by Department of Veterans Affairs (VA) rating
officials and assigned by the Physical Evaluation Board during
the Integrated Disability Evaluation process, was based on the
demonstrated limitation of motion of your spine. Although you
believe that your condition is more severe and disabling than
indicated by a 20% rating, the Board was not persuaded that your
condition was so unusual as to warrant the assignment of an
extra-schedular rating of 30% or higher. 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,
oe
wens oGemman
ROBERT D
Acting Executive Director
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