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NAVY | BCNR | CY2001 | 08368-01
Original file (08368-01.pdf) Auto-classification: Denied
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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