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NAVY | BCNR | CY2007 | 03620-07
Original file (03620-07.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTI0N OF NAVAL RECORDS
                                    2 NAVY ANNEX    
                  WASHINGTON~C 2O37O-51OO
                                                    


                                                               CRS
                  Docket No: 3620-07
                  28 May 2008



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 14 May 2008. 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 reenlisted in the Marine Corps on 8 January 1974 after two years of prior active service. On 18 November 1974 a medical evaluation board recommended your separation based on the diagnosis of mild degenerative arthritis of elbows and wrists, which existed prior to your entry on active duty, and had caused you to suffer pain for many years. On 29 January 1975 you were discharged by reason of physical disability, in accordance with the approved findings and recommendation of the medical board.
The Board carefully considered your contention and supporting evidence to the effect that as a medical evaluation conducted on 28 February 2007 shows that your elbows and wrists were radiographically normal and without evidence of arthritis, your discharge by reason of physical disability was erroneous, and that you are entitled to reinstatement on active duty, with entitlement to pay and allowances. The Board found those factors insufficient to demonstrate that you were improperly discharged by reason of physical disability. In this regard, the Board noted that you were discharged because of largely subjective complaints of pain which interfered with your performance of duty. The medical evaluation you submitted shows that you continue to suffer from chronic elbow pain and require pain
medication. 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 pre’~rious1y 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
2

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