DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
| WASHINGTON DC 20370-5100
JRE
Docket No. 00645-06
2 April 2007
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 29 March 2007. 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 served on active duty in the Marine
Corps from 11 July to 5 August 2005, when you were discharged
because of residuals effects of a right knee injury that
interfered with your performance of duty in boot camp, but were
not considered disabling. You underwent an examination at a
Department of Veterans Affairs (VA) facility on 9 January 2006,
and found to have good rage of motion in the right knee joint,
with no instability, heat, effusion, or radiographic evidence of
misalignment, arthritic changes, soft tissue swelling, abnormal
calcification or bony lesions. The available records do not
indicate whether the VA awarded you a disability rating for a
knee condition.
The Board was not persuaded that you were unfit for further
service by reason of physical disability at the time of your
discharge. In addition, it found that even if you had been found
unfit for duty by reason of physical disability, you would not
have been entitled to disability retirement, which requires a
disability rating of 30%, or to disability severance pay, which
requires a minimum of six months of active duty service.
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,
Leola
W. DEAN PFE
Executive Di or
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