DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JRE
Docket No: 8368-01
28 May 2002
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 23 May 2002. 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 found that you served on active duty in the Marine Corps from 24 June 1974 to
31 march 1976, ~ h e n you wcrc relcaxd i i o r n adivr: duty UIJ tr;~~sfcrrcd
to the Temporary
Disability Retired List (TDRL). Your disability improved while you were on the TDRL,
and, accordingly, you were discharged on 31 December 1977, with entitlement to disability
severance pay.
The Board rejected your unsubstantiated contention to the effect that your disability should
have been rated at 30% or higher at the time of your discharge. It noted that the
deterioration in your condition which occurred following your discharge is not probative of
your contention of error and injustice, because disability ratings assigned by the military
departments are fixed as of the date of discharge. 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
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