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NAVY | BCNR | CY2003 | 04251-03
Original file (04251-03.pdf) Auto-classification: Denied
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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