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NAVY | BCNR | CY2005 | 00306-05
Original file (00306-05.doc) Auto-classification: Denied



                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100
                                                        JRE
                                                        Docket No. 00306-05
                                                        24 October 2005














     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 14
     October 2005. 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. In
     this connection, the Board did not accept your contention to the
     effect that you were improperly denied the opportunity to remain on
     active duty in a permanent limited duty status (PLD) until 31 January
     2000, when you would have completed 20 years of active duty service
     and qualified for transfer to the Fleet Marine Corps Reserve. The
     Board noted that you were severely disabled when the Physical
     Evaluation Board (PEE) considered your case on 17 December 1998, and
     recommended that you be permanently retired with a disability rating
     of 100%. The PEB had been advised on 28 September 1998, by direction
     of your commanding officer, that you were not







motivated to remain on active duty, and that he did not recommend that you
be authorized another period of limited duty. In addition, the PEE reviewed
your rebuttal to the medical board report, in which you presented
information to the effect that you were more severely impaired by the
multiple sclerosis than indicated in the report. The Board also noted that
after you were advised of the findings of the PEB on 15 January 1999, you
did not accept the findings without qualification, nor were you required to
do so. You accepted the findings contingent upon your being retained on
active duty in a PLD status until 31 March 1999, and your request was
granted. The fact that the approval of your request for correction of your
record could result in your becoming entitled to concurrent disability and
retired pay, or possibly combat-related special compensation, under
legislation enacted after you were retired, was considered insufficient to
demonstrate that your retirement in 1999 was erroneous or unjust.

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,

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