DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S, COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2355-16 
JAN 03 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your case on its merits. A three-member 
panel of the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 17 November 2016. Your allegations of error and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
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. 

A review of your record shows that you were placed on the Permanent Disability Retirement List 
on 2 May 1974 for cerebral lacerations (0%), unsightly scars of face and back (10%), skull defect 
(50%), and laceration frontal branch facial nerve (10%). Based on the assigned individual 
ratings, you were issued a combined 60% disability rating. 

The Board carefully considered your arguments that you were issued an incorrect combined 
rating by the Physical Evaluation Board based on the individual ratings assigned to your 
disability conditions. You assert your combined rating should be 70%. Unfortunately, the Board 
did not agree with your rationale. The Federal Register § 4.25 (Combined Rati~gs Table) 
describes the method for calculating combined disabilities ratings. In applying the regulations 
contained in the section, the Board determined your four conditions totaled a combined 59% 
under the combined ratings table. This figure was properly rounded to the nearest degree 
divisible by 10, which was 60% in your case. Accordingly, the Board was unable to find an 
error or injustice warranting a correction to your record and denied your application. The names 
and votes of the members ofthe. panel will be furnished upon request. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew evidence 
within one year from the date ofthe Board's decision. New evidence is evidence not previously 
considered by the Board prior to making its decision in this case. In this regard, it is important to 
keep in mind that a presumption ofregularity 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, 

Executive Director