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NAVY | BCNR | CY2006 | 03693-06
Original file (03693-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-Si 00


JRE
Docket No. 03693-06
12 June 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 7 June 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 were released from active duty and transferred to the Temporary Disability Retired List (.TDRL) on23 April 1968, with a disability rating of 70%. You were permanently retired by reason of physical disability effective 23 April 1977, with a rating of 60%.

The Board concluded that it would not be in the intei~est of justice for it to correct your record to show that you were discharged from the Marine Corps in 1973, vice retired. Although
such action would apparently result in your wife’s becoming allowed to participation in the CHAMPVA medical insurance program, your present status as a disability retiree should qualify you for participation in the TRICARE program, which offers health care benefits similar to those available under the CHAI4PVA program.

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 PFEIFFER
                                                               Executive Director

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