DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100

										JRE
										Docket No. 01691-03
										25 August 2003

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 21 August 2003. 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.

The  Board found that on 9 September 1997, the Physical Evaluation Board (PEB) made preliminary findings that you were unfit for duty because of sensory changes of the right L5-S1 spinal nerve roots, secondary to cauda equina syndrome. You accepted those findings on 18 September 1997, and you were discharged on 31 December 1997 with entitlement to disability severance pay. On 10 July 1998, the Department of Veterans Affairs (VA) awarded you ratings of 20% for degenerative joint disease of the lumbar spine, with absent ankle jerk, 10% for arthritis of the left knee, 10% for a scar, and 0% for additional scars and tinnitus. Your request for service connection for several other conditions was denied. The rating for degenerative joint disease was increased to 60% effective 1 January 1998, based on a post-service increase in the severity of that condition.

The Board noted that rating assigned by the military departments are fixed as of the date of separation or permanent retirement, whereas the VA may adjust ratings throughout a veteran’s lifetime as the severity of rated conditions change. In addition, the military departments rate only those conditions that render a service member unfit for duty, while the VA rates all conditions it classifies as ‘service connected”, without regard to the issue of fitness for duty. As you have not demonstrated that your condition was ratable at or above 30% disabling on the date of your discharge from the Marine Corps, or that you were unfit for duty because of a knee condition or a scar, the Board was unable to recommend any corrective action in your case. 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,