DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 7496-00
11 June 2001
Daria ~
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 24 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. In addition, the Board cosidered 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.
The Board found that you enlisted in the Marine Corps on 27 April 1992. You were the
subject of an abbreviated medical board on 19 August 1993, and placed on limited duty
because of back pain. You underwent a pre-separation physical examination on 3 August
1994, and were found physically qualified for separation. You were discharged on 9 August
1994 by reason of pregnancy. On 2 March 1995, the Department of Veterans Affairs (VA)
awarded you a 10% rating for low back pain and 0% for the residuals of a wrist fracture,
both effective from 10 August 1994. The combined rating was increased to 30% on 18
October 1996, and made effective from 10 August 1994.
i
The Board noted that in order to be entitled to disability separation or retirement from the
military services, a service member must be found unftit to perform the duties of his or her
office, grade, rate or rating by reason of physical disability. Although you suffered from
low back pain during your service in the Marine Corps, there is no indication that is
rendered you unfit for duty on 9 August 1994. The fact that you have received a rating from
the VA for that condition is not probatie of error or injustice in your case, because the VA
made the award without regard to the issue of fitness for military duty. In addition, the
Board noted that the rating you received in 1996, although made retroactive to 1994, was
based, in large part, on changes in your condition which occurred following your release
from active duty. Although the VA may grant service connection and raise or lower
ratings throughout a veteran’s life time, military disability deterimations are fixed as of the
date of separation or permanent retirement. 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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