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NAVY | BCNR | CY2003 | 03563-03
Original file (03563-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

JRE
Docket No. 03563-03
11 September 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 11 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
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 consisted

Your allegations of error and

In this connection,

the Board noted that

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 were not entitled to disability evaluation at the time of
your discharge because you were separated by reason of
misconduct, which precludes such evaluation.
In addition, it
noted that you were found fit for discharge on 25 May 1977, whe
you underwent your pre-separation physical examination.
The
fact that you have received several
% disability ratings from
the Department of Veterans Affairs (VA) is not probative of the
existence of error or injustice in your Marine Corps record,
because the VA assigns disability ratings without regard to the
issue of fitness for military duty.
that the impairment associated with your claimed disabilities

The 0% VA ratings indicate

0

was insignificant, and certainly not unfitting for military
service.

In view of the foregoing, your application has been denied.
names and votes of the members of the panel will be furnished
upon request.

The

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
it is important to keep in mind that
the Board.
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.

You are entitled to have

In this regard,

Sincerely,

Executive 

D1

\



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