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NAVY | BCNR | CY2003 | 06064-03
Original file (06064-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  NAVAL  RECORDS 

2   N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

JRE 
Docket No.  06064-03 
14 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 10 
December 1973.  You were hospitalized on 8 December 1975 for 
surgical treatment of the residuals of a knee injury you had 
sustained while playing football.  You were released from the 
hospital to light duty on 6 January 1976.  You underwent a pre- 
separation physical examination on 6 October 1976, and were 
found qualified for release from active duty.  You were released 
from active duty on 13 December 1976, and discharged from the 
Marine Corps.  On 28 August 1984, the Veterans Administration 
awarded you a 108 rating for status/post lateral meniscectomy, 
right knee, with arthritis. 

The Board noted that a service member may be separated or 
retired by reason of physical disability only if he has been 
found unfit to perform the duties of his office, grade, rank or 
rating by reason of physical disability.  It also noted that 
military fitness determinations are fixed as of the date of 
separation or permanent retirement.  As you have not shown that 
you were unfit for duty on 13 December1976, there is no basis 
for correcting your record to show that you were separated or 
retired by reason of physical disability.  The fact that the VA 
has given you a disability for the residuals of your knee injury 
is not probative of error or injustice in your military record, 
because the VA awards disability ratings without regard to the 
issue of fitness for military duty. 

In view of the foregoing, 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 PFEIFF 



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