DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
JRE
Docket No:
24 May 2002
5736-01
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 18 April 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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 2 February 1992
to 30 May 1997, when you were discharged by reason of alcohol rehabilitation failure. You
suffered from chronic low back pain during your enlistment, and had
been considered for
referral to the Physical Evaluation Board,
but you were found fit for separation on 25 April
1997. The limited amount of records pertaining to your back condition which were available
to the Board do not demonstrate that the condition rendered you unfit for duty at the time of
your discharge. The Board had no evidence concerning your present condition, as you did
not submit any, and it does not appear that you had been examined at a Department of
Veterans Affairs facility, or received a disability rating from that agency.
In view of the foregoing, the Board was unable to recommend any corrective action in your
case. Accordingly, your application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
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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