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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