DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06293-05
21 November 2006
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 November 2006. 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. In addition, the Board considered the advisory
opinion furnished by Head, Separation and Retirement Branch,
Headquarters, U.S. Marine Corps (HQMC), dated 9 December 2005,
and the Head, Enlisted Promotion Section, HQMC, dated 23 March
2006. A copy of each opinion is attached.
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 substantially
concurred with the comments contained in the advisory opinion
from the Head, Enlisted Promotion Section,’ HQMC, concerning your
request for promotion to staff sergeant. The Board disagreed
with the recommendation from the Head, Separation and Retirement
Branch, HQMC, that your case be referred to the Physical
Evaluation Board, because the available records fail to
demonstrate that the knee injury you suffered in 1999 while
working at your civilian job was causally related to your service
in the Marine Corps Reserve or your previous knee injury, or that
the injury rendered you unfit for further service by reason of
physical disability on 14 September 2001 when you declined to
reenlist and were transferred to non-drilling status in the
Marine Corps Reserve. The Board noted that you did not report
the knee injury in the Annual Certificate of Physical Condition
you completed on 4 December 1999, or the Report of Medical
History you completed on 28 February 2000, when you were examined
and found to be fit for military duty. You also failed to
disclose your receipt of disability compensation from _ the
Department of Veterans Affairs for a previous knee injury.
In view of the foregoing, your application has been denied.
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,
\WQ 0a. Gh.
W. DEAN PF
Executive Director
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