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

Docket No. 3238-18

Dear:

This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2019.  The names and votes of the members of the panel will be furnished upon request. 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, relevant portions of your naval record and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion contained in Navy Personnel Command (NPC) memorandum 
a copy of which was previously provided to you for comment. A copy of this advisory opinion is again enclosed. 

On 30 May 2007, you were placed on the Temporary Disability Retirement List with over 18 years of service.  On 1 February 2011, your were placed on the Permanent Disability Retired List with a rating of 70%. 

You requested to receive Concurrent Retirement and Disability Pay (CRDP). The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, to include your assertions. Nevertheless, the Board agreed that CROP allows military retirees to receive both military retired pay and Veterans Affairs compensation. You must be eligible for retired pay to qualify for CROP. However, in your case you did not complete 20 years of active service, and therefore you were not eligible for retired pay. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

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 matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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,