Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 07263-02
Original file (07263-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

JRE
Docket No: 7263-02
2 December 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 2 1 November 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.

You did not disclose a history of a
The physician who conducted the examination noted that

The Board found that enlisted in the Marine Corps on 4 November 1968. You underwent a
pre-separation physical examination on 18 March 1970.
wound or injury to your left leg.
you had a scar on your right elbow, and a tatoo on your lower right arm. The scars which
you now have on your left leg were not noted by that physician.
active duty on 21 March 1970, and transferred to the Marine Corps Reserve. During
December 979, you wrote the Commandant of the Marine Corps to verify that you were
entitled to the National Defense Service Medal, Vietnam Service Medal with one star, Rifle
Marksman Badge, Vietnam Campaign Medal, and Combat Action Ribbon, as shown on your
DD Form 214. The Commandant confirmed your entitlement to those awards, as well as two
awards issued by the Republic of Vietnam.

You were released from

The Board was unable to accept your unsubstantiated contention to the effect that your left leg
was injured while you were serving in Vietnam in 1969. There is no indication in the
available records that you received such an injury, and, as indicated above, there were no

scars noted on   that leg 1970. Accordingly,
votes of the members of the panel will be furnished upon request.

  your application has been denied. The names and

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



Similar Decisions

  • NAVY | BCNR | CY2009 | 03988-09

    Original file (03988-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7.May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 04718-99

    Original file (04718-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2001. IN REPLY REFER TO: 1400/3 MMPR-2 13 Mar 01 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS ADVISORY OPINION IN THE CASE OF FORMER - ‘ a retired Marine indicates that he completed his he grade of probationary corporal and should have been promoted to the grade of sergeant prior to his retirement from the Marine Corps on 22...

  • ARMY | BCMR | CY2008 | 20080006509

    Original file (20080006509.txt) Auto-classification: Denied

    He departed Vietnam on 10 February 1970. It noted that available service medical records did not document treatment for shrapnel wounds. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.

  • NAVY | BCNR | CY2001 | 05157-99

    Original file (05157-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2000. 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. You were wounded in action on 26 December 1968, and awarded the Purple Heart on 5 January 1969.

  • NAVY | BCNR | CY2002 | 06406-02

    Original file (06406-02.pdf) Auto-classification: Denied

    A three-member panel of tl h session, considered your aJ injustice were reviewed in applicable to proceedin consisted of your applicatic applicabk naval record and the g 9’ i : 1 Board for Correction of Naval Records, sitting in executive ication on 12 December 2002. You underwent ; examining physician noted Woos of the ears traumatic determined that you were f to the Naval Reserve on 5 completed two years of ser discharged on 15 January 1 listed in the Navy on 16 January 1967. of an...

  • AF | PDBR | CY2009 | PD2009-00582

    Original file (PD2009-00582.docx) Auto-classification: Denied

    The CI was referred to the Physical Evaluation Board (PEB), determined unfit for continued Naval service, and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Naval and Department of Defense regulations. The VA did not find limited or painful motion on examinations. The VA rated his PTSD at 30%.

  • AF | PDBR | CY2013 | PD-2013-00909

    Original file (PD-2013-00909.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The NARSUM and PEB identified injury of “upper and lower extremity.” Despite references in the NARSUM and some other clinic notes to pain in both legs, the assessment by the neurologist (who addressed the pain...

  • AF | PDBR | CY2014 | PD 2014 00299

    Original file (PD 2014 00299.rtf) Auto-classification: Denied

    The only recorded symptom that day was weak ankle.Orthopedic consultation to the MEB NARSUM dated 6 March 2006, (approximately 11 weeks prior to separation), noted the CI had returned to full duty in July 2005 but had continued to have pain, swelling and numbness in the leg.The CI indicated he had swelling in the region of the surgical incision whenever he attempted to run. Physical examination noted muscle bulging in the anterior compartment with no evidence of a fascial defect, there was...

  • NAVY | BCNR | CY2007 | 07067-07

    Original file (07067-07.pdf) Auto-classification: Denied

    The Board found that you enlisted in the Navy on 26 December 1967. On 14 May 2007, for reasons which are not clear to the Board, the Department of Veterans Affairs (VA) accepted your contention that you had sustained shrapnel wounds in combat, but denied your request for service connection for the wounds because there was no evidence of permanent residuals or chronic disability associated with the wounds. Consequently, when applying for a correction of an official naval record, the burden...

  • ARMY | BCMR | CY2003 | 2003084983C070212

    Original file (2003084983C070212.rtf) Auto-classification: Approved

    There is no entry in Item 9 (Awards, Decorations and Campaigns) of the DA Form 2-1 showing that the applicant was awarded the Purple Heart. The SF 600 in the applicant's service records shows that the applicant was wounded in Vietnam on 12 September 1970 and that the wounds required medical treatment; however, the summary does not contain sufficient information to conclude that it was the result of hostile action. Neither the SF 88 nor the SF 93 that he completed in conjunction with this...