DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 110640
11 September 2000
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 8 September 2000.
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. In addition, it considered the
comments of your counsel.
.that the
After careful and conscientious consideration of the entire record, the Board found
evidence submitted was insufficient to establish the existence of probable material error or
injustice.
The Board noted that you were discharged from the Marine Corps in 1998 by reason of
physical disability, pursuant to the approved findings of the Physical Evaluation Board
(PEB), which you accepted on 21 December 1987, that you were unfit for duty because of
several conditions rated at a combined 20%. The fact that the Department of Veterans
Affairs awarded you a substantially higher combined rating, and your current dissatisfaction
with the rating assigned by the PEB in 1987, were considered insufficient to warrant 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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