DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No: 3219-02
8 November 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 24 October 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 19 August 1996 to
18 August 2001, when you were discharged in accordance with your request by reason of
hardship. Following your discharge, the Department of Veterans Affairs (VA) awarded you
10% ratings for five conditions, 0% for one condition, and denied your request for service
connection for three other conditions.
The fact that the VA awarded you disability ratings is not probative of the existence of error
or injustice in your Marine Corps record.
In this connection, the Board noted that order to
receive a disability rating from the Department of the Navy, a service member must be unfit
to perform the duties of his office, grade, rank or rating by reason of physical disability.
you have not demonstrated that you were unfit for duty at the time of your discharge, the
Board was unable to recommend 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.
As
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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