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

JRE
Docket No. 05697-05
22 September 2006

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 14 September 2006. 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, requlations 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 you were discharged from the Navy on 31 January 2005 by reason of physical disability due to a spinal disorder rated at 10% under Department of Veterans Affairs (VA) code 5299-5237. The VA rated the condition at 10% under VA code 5242, effective 1 February 2005. It should be noted that the Department of the Navy and the VA rated your condition based on the slight limitation of spinal motion found to be present, and each determined that you did not meet the criteria for a rating in excess of 10%. In addition, the VA awarded you disability ratings for numerous conditions that were not considered unfitting by the Department of Veterans Affairs.

As you have not demonstrated that your spinal disability should have been rated above 10% disabling, or that you suffered from any other conditions that rendered you unfit for duty, 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,

W. DEAN PFIEFFER
Executive Director