DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 3201-00
4 April 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 March 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 found that you served on active duty in the Marine Corps from 16 March 1987 to
24 December 1991, when you were released from active duty at the expiration of your
enlistment, and assigned a reenlistment code of
RE-1A. Although it was determined during
your first few months of service that you had been exposed to a life-threatening pathogen,
you performed your duties in a creditable manner for more than three years thereafter, and
you were considered fit for duty at the time of your release from active duty.
In the absence
of evidence which demonstrates that you were unfit to perform your duties at that time, there
is no basis for granting 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.
You should note that the Department of Veterans Affairs (VA) may award service connection
and disability compensation for conditions incurred in or aggravated by your naval service,
without regard to the issue of your fitness for military duty at the time of your release from
active duty. There is no statute of limitations on the submission of a claim for VA disability
benefits. In addition, in the even you receive a VA rating, it will reflect any increase in
severity of the rated condition(s) which has occurred since your release from active duty..
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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