DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
JRE
Docket No. 04766-03
7 August 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 7 August 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 rejected your contention to the effect that you
consented to your release from active duty in the Marine Corps
because you were being medically retired. In this regard, it
noted that you were evaluated by a medical board on 10 August
1970, and given a diagnosis of allergic rhinitis, which existed
prior to your enlistment, and was not aggravated by your
military service. The medical board determined that as a result
of that condition, you did not meet the minimum physical
standards for enlistment, but that you were not considered unfit
for duty by I ~ ? . : L , , ~ ; ~ of j.!lysicnl dis:lbility. Thr: medical board
recommended that you be discharged without entitlement to
disability benefits administered by the Department of the Navy.
On 28 August 1970,after being advised of the, findings and
recommendation of the medical board, you declined to submit a
statement in rebuttal thereto, you waived your right to appear
before a physical evaluation board, and requested that you be
administratively discharged as soon as possible without
entitlement to disability severance or retirement pay. Your
request was granted, and you were discharged on 23 October 1970.
Due to administrative error, your DD Form 214 indicates that you
were both discharged from the Marine Corps and retired by reason
of physical disability on that date. You were advised of the
error several years later, and issued a DD Form 215 to correct
the error. Following your discharge, the Veterans
Administration awarded you a disability rating of 0%.
In the absence of evidence that demonstrates you were unfit by
reason of physical disability incurred in or aggravated by your
service in the Marine Corps, which was ratable at 30% or higher,
there is no basis for granting your request for corrective
action. 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.
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