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NAVY | BCNR | CY2000 | 03548-00
Original file (03548-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  F O R C O R R E C T I O N   OF  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  20370-5100 

JRE 
Docket No:  3548-00 
13 June 2001 

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 1  May  2001.  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. 

I  I 

The Board  found that  you  served  on  active duty  in  the Marine Corps from  11 March  1991 to 
23 March  1994, when  you  were discharged  in  grade E-2  by  remm of  unsatisfactory 
performance.  Although you  were treated  for numerous medical  conditions during your 
enlistment, they  were not  severe, and  did  not  render you  unfit by  reason  of physical 
disability.  In  this regard,  the  Board  noted  that  you  were  found  fit for release from active 
duty on  11 March  1994.  The only  significant defects noted  were flat feet and a callus over 
the first metatarsalphalangeal joint.  You  did  not  disclose any conditions which  you  felt were 
disabling at that time.  Following your discharge, the Department of  Veterans Affairs (VA) 
awarded you  a combined  rating of  0% from 24  March  1994, for a painful  right knee, benign 
essential tremors,  hyperknsion, and  shin  splints, and  it denied compensation  for five other 
conditions from which  you  claimed  to  be  suffering.  The combined rating  was  increased  to 
30% effective from 27 August  1999. 

The fact that  the VA  awarded  you  a combined disability rating of  0% effective the day 
following your discharge is  not  probative of  the existence of  error or injustice in  your  record. 

because that agency assigns ratings without regard  to the issue of  fitness for military duty. 
As  you  have not demonstrated  that you  were 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 PFEIFFER 
Executive Director 



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