DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03220-06
8 May 2007

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 3 May 2007. 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 you entered on active duty on 3 January 1993. You submitted a request for resignation of your commission on 12 January 1993, and underwent a pre-separation physical examination on 19 January 1993. Your history of dyspepsia and hematochezia secondary to gastritis was noted by the examining physician, but you were nevertheless found physically qualified for separation. You were discharged on 15 April 1993, upon the acceptance of your resignation by the Secretary of the Navy, On 1 December 1995, the Department of Veterans Affairs (VA) awarded you a 20% disability rating for fibromyalgia syndrome.

The Board noted that the VA must assign disability ratings to all conditions it considers “service connected”, i.e., incurred in, aggravated by, or, as in your case, merely thought to be traceable to a period of military service. Ratings are assigned without regard to the issue of fitness for military service. Unlike the VA, the military departments may assign disability ratings only in those cases where a service member has been found unfit to perform the duties of his office, grade, rank or rating by reason of physical disability. Only those conditions that are unfitting or contribute to an unfitting condition may be rated. As you have not demonstrated that you were unfit for duty at the time of your separation from the Navy, 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