DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No: 9976-02
21 January 2003
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 16 January 2003. 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
aLl material submitted in support thereof, your
consisted of your application, together with
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 were discharged from the Marine Corps on 31 March 2001, by
reason of physical disability. You were found unfit for duty by the Physical Evaluation
Board, acting for the Secretary of the Navy. The Board will change that determination only
if it is persuaded that it was erroneous when made, i.e., that you were actually fit for duty at
that time. The fact that you have rehabilitated the unfitting condition, and are now fit for
duty, is relevant to the issue of your qualification for reappointment, but it is insufficient to
demonstrate that you were fit for duty on 31 March 2001.
showing that you were fit on that date, the Board was unable to recommend any corrective
action. Accordingly, your application has been denied. The names and votes of the members
of the panel will be furnished upon request.
In the absence of evidence
Please note that your discharge does not preclude further service, as you may qualify for
further service by obtaining a waiver of your discharge and the disability related thereto.
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the
m aterial evidence or other
important to keep in
m ind that a presu mption 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 de monstrate the existence of probable
m atter not previously considered by the Board.
Board reconsider its decision upon sub
m ission
of new and
In this regard, it is
m aterial error or injustice.
Sincerely,
W . DEAN PFE IFFER
Executive Director
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