DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 2337-01
26 December 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 29 November 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.
The Board noted that although you suffered from a lower back condition during your service
pre-
in the Marine Corps, the condition was not symptomatic when you underwent your
separation physical examination on 21 June 1966, and you were considered physically
qualified for separation. The fact that the Department of Veterans Affairs (VA) awarded you
service connection for a lower back condition more than thirty years after you were released
from active duty is not probative of the existence of error or injustice in your naval record.
In this regard, the Board noted that although the VA may assign disability ratings at any time
during a veteran ’s lifetime, the military department may only do so only at the time of the
service member’s separation or permanent retirement, and then only in those cases where the
member has been found unfit to perform his duties.
As you have not demonstrated that you
were unfit for duty in 1966, 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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