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NAVY | BCNR | CY2003 | 00437-03
Original file (00437-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


JRE
Docket No: 437-03
25 February 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 21 February 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 17 October 1983 to 23 June 1986, when you were discharged by reason of physical disability, with entitlement to severance pay, because of a left ankle condition. The condition apparently improved after you were discharged, as you were admitted to the Marine Corps Platoon Leaders Class program; however, you were disenrolled from that program on 4 August 1987 after being found not physically qualified. You reenlisted in the Marine Corps on 26 July 1989. The ankle condition became symptomatic once again, and you were referred to medical and physical evaluation boards. After being advised that the Central Physical Evaluation Board (CPEB) had made preliminary findings that you were unfit for duty, and recommended that you be discharged without entitlement to disability benefits administered by the Department of the Navy, you demanded a hearing. You argued that your condition was aggravated by your service during your current enlistment, and requested that you be assigned a rating of 10%. The hearing panel rejected your request, and confirmed the findings and recommendation of the CPEB. You were discharged by reason of physical disability on 26 September 1991, and assigned a reenlistment code of RE-3P, to alert recruiting officials that your require a waiver
of disqualification to become eligible for reenlistment.

The Board rejected your contentions to the effect that there was nothing wrong with your ankle in 1991, and that you wanted to remain on active duty. As noted above, you believed that you were unfit for duty because of your condition, and that belief was confirmed by medical and physical evaluation boards. It was clear to the Board that although your condition may be quiescent for long periods of time, it cannot withstand the rigors of Marine Corps training. The Board concluded that your discharge was proper, and that as there is no basis for changing the reason and authority for your discharge, there is no basis for changing your reenlistment code. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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 PFEJFFER
Executive Director

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