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NAVY | BCNR | CY2005 | 06453-05
Original file (06453-05.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

 JRE
Docket No. 06453-05
22 September 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 21 September 2006. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceeding of this Boar d. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, you naval eco d 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 served on active duty in the Marine Corps from 29 January 1984 to 27 June 1984, when you were released from active duty and transferred to the Temporary Disability Retired List (TDRL) to recover from a fracture of your left ankle. Your condition was reevaluated by the Physical Evaluation Board in 1986, and you were found fit for duty. On 14 February 1986, you were advised that your name would be removed from the TDRL and you would be discharged from the Marine Corps effective 15 March 1986. You were also advised that you were eligible for reenlistment, provided you were otherwise physically qualified for reenlistment. You apparently declined to apply for reenlistment at that time. The Veterans Administration rated your condition at 0% from 1984 until 1991, when your rating was increased to 10%.

The Board concluded that you were not entitled to be retained on the TDRL beyond 15 March 1986 because you had been found fit for duty. As you have not demonstrated that you were actually unfit for duty at that time, and that your condition was ratable at or above 30% disabling, there is no basis for restoring your name to the TDRL. 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,




W. DEAN PFIEFFER
Executive Director

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