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NAVY | BCNR | CY2007 | 04533-07
Original file (04533-07.rtf) Auto-classification: Denied

JRE
 Docket No. 04533-07
22 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 22 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 enlisted in the Marine Corps on 7 December 1998. You were the subject of a limited duty medical board on 16 June 2006, and were given a diagnosis of lumbago. That condition apparently resulted from a lower back injury you sustained in December 2005, which had improved with physical therapy, but recurred upon your return to full duty. You underwent a physical assessment on 31 October 2006 and were found physically qualified for service. You were honorably discharged on 15 December 2006, at the expiration of your enlistment. You were assigned a reentry code of RE-Rl, to indicate that you were fully qualified and, recommended for reenlistment
On 29 June 2007, the Department of Veterans Affairs (VA) awarded you disability ratings of 10% for mild limitation of motion of your left shoulder, and 0% for a fungus infestation of your back and neck. The VA denied your request for service connection for a lower back condition, because none was found to exist during the VA examination, bilateral flat feet, scoliosis and a right shoulder condition.
In order to be separated or retired by reason of physical disability, a service member must be unfit to reasonably perform the duties of his or her office, grade, rank or rating by reason of physical disability. Although you suffered from back and shoulder pain during your enlistment, and were placed on light and limited duty, it does not appear that you were unfit for further service by reason of physical disability. As indicated above, you were considered fully qualified for reenlistment. The fact that the VA granted you a 10% disability rating is not probative of the existence of error or injustice in your record, because the VA assigns ratings without regard to the issue of fitness for military duty. 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 PFEIFFER
 Executive Director

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