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NAVY | BCNR | CY2006 | 07423-06
Original file (07423-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 07423-06
4 September 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. You requested that your record be corrected to show, in effect, that you were retired by reason of physical disability on 9 October 2005, rather than released from active duty on that date.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 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. In this regard, the Board noted that you were examined on 15 August 2005 and found to be physically qualified for duty and separation. There is no indication in the available records that your condition worsened significantly between that date and 9 October 2005, or that you were unfit for duty on the latter date. The deterioration of your condition which occurred following your active duty, as reflected in your Department of Veterans Affairs record, should be brought to the Commandant of the Marine Corps, who may direct that your fitness for service and disability benefits be reevaluated.
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. D EAN PFEIFFER
                                                                        Executive Director

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