DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N DC 20370-5100
JRE
Docket No. 04251-03
15 October 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 9 October 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 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 reenlisted in the Marine Corps on 25
July 1967, and served until 30 July 1971, when you were
discharged by ,reason of physical disability, with entitlement to
disability severance pay, for knee condition. The Veterans
Administration (VA) ratedyour knee condition at 08 from 1
January 1973, and at 408 from 27 December 1989.
The Board noted that unlike ratings assigned by the VA, which
may be raised or lowered throughout a veteran's lifetime as the
severity of a rated condition changes, those assigned by the
military departments are fixed as of the date of separation from
the service. As you have not demonstrated that your knee
condition should have been rated at 30% or higher at the time of
your discharge, the Board was unable to recommend any corrective
action in your case. 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,
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