DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 3509-00
27 July 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 July 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
In addition, the Board considered the advisory
applicable statutes, regulations and policies.
opinion furnished by Head, Enlisted Promotion Section, Promotion Branch, Headquarters,
U.S. Marine Corps, dated 27 October 2000, a copy of which is attached, and the comments
of your counsel.
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. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion concerning your request for promotion.
request.for an increased disability rating, the Board noted that you
With regard to your
accepted the finding of the Physical Evaluation Board that you were unfit for duty because of
back pain rated at 10%. The Board was not persuaded that you were unfit for duty because
of severe intervertebral disc syndrome (IUDS), with intermittent relief, which is required for
a 40% rating under Department of Veterans Affairs (VA) code 5293. It noted that
SECNAVINST
1850.4D provides that the application of VA code 5293 is precluded in those
cases, such as yours, where there has been surgical excision of the disc, and no evidence of
In addition, it noted that there was significant
recurrent hemiation at the same level.
deterioration in your condition following your discharge, which is a matter within the
purview of the VA, rather than the Department of the Navy, as disability ratings assigned by
the Navy are fixed as of the date of separation.
In view of the foregoing, 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
Enclosure
.- DEPARTMENT OF THE
HEADQUARTERS UNITED STATES MARINE CORPS
NAVY
3280
RUSSELL ROAD
QUANTICO, VIRGINIA
22 134-5 103
IN REPLY REFER TO:
1400/3
MMPR-2
27
Ott 00
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
ADVISORY
Ref:
(a) Chairman, BCNR JRE:jdh Docket No: 3509-00 of 2
(b)
para 3200.8
P1400.32B,
MC0
Ott 00
1.
In reply to reference (a)
considered for promotion by t
Selection Board (BZ) for Military Occ
2621 and not selected for promotion.
name was on the list for promotion co
Gunnery Sergeant Selection Board (IZ) for MOS 2621; however, he
was discharged from the Marine Corps on 31 May 1999 which was
during the session of the CY 1999 Gunnery Sergeant Selection
Board.
consideration ((ref b)) .
the list of Marines eligible for promotion consideration.
His discharge made him ineligible for promotion
Therefore,
Qis name was deleted from
2.
fro
grade at the time of his discharge
rect as staff sergeant.
‘W”
,.
Promotion Branch
By direction of
the Commandant of the Marine Corps
on Section
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