DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
JRE
Docket No: 216-01
7 November 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 17 October 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, limited
portions of your naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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 noted that you were found physically qualified for discharge from the Marine
Corps Reserve on or about 18 October 1945, and were discharged on that date. The Board
noted that there were no provisions of law for the disability retirement of enlisted service
members prior to 1 October 1949, other than those who qualified for length of service
Accordingly, you would not have been eligible for disability separation or
retirement.
retirement had you been found unfit for duty prior to your discharge in 1945. You reenlisted
in the Marine Corps Reserve on 30 October 1947. The fact that you were permitted to
reenlist, and were able to serve for about three years thereafter, indicates that you were
physically qualified for service. You were discharged from the Marine Corps Reserve on 18
December 1950, after being found disqualified for service due to an anxiety disorder noted
during the
lo-29 September 1950 period, when you were activated for possible service in the
Korean conflict. You submitted a disability claim to the Veterans Administration on 5
October 1950, for hives and an appendectomy scar. Your first claim for disability
compensation for a mental disorder was submitted in 1992. You were ultimately granted
service connection for post traumatic stress disorder in 1998, retroactive to 28 February
1992.
The Board was not persuaded that you suffered from post traumatic stress disorder in 1945
that you were unfit for duty in 1950 because of a disability which was incurred in
or 1950,
or aggravated by your service in the Marine Corps Reserve, or that you should have been
separated or retired by reason of physical disability with entitlement to disability benefits
administered by the Department of the Navy. The fact that the VA awarded you service
connection for a mental disorder more that forty years after your second discharge does not
demonstrate that either of your discharges from the Marine Corps Reserve was erroneous or
unjust. 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
Board reconsider its decision upon submission of new
taken. You are entitled to have the
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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