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NAVY | BCNR | CY2007 | 04706-07
Original file (04706-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 04706-07
2 June 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 30 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.
On 12 November 2003, the Physical Evaluation Board made preliminary findings that you were unfit for duty because of psoriasis, which was rated. You accepted those findings on 24 November 2003, and were discharged from the Marine Corps on 31 December 2003 with entitlement to disability severance pay. On 6 August 2004, the Department of Veterans Affairs (VA) awarded you a 10% rating for tinnitus (ringing in the ears), and 0% ratings for psoriasis and nine other conditions. On 8 February 2005, the VA amended its initial decision by adding 10% ratings for psoriasjs and four painful joints, as well as a 0% rating
for a previously unrated painful joint. On 19 July 2007, the VA determined that there was psoriatjc arthritic involvement in all of your painful joints, increased the ratings of two of the joints from 10% to 20%, and of five other conditions from 0% to 10% each.
The rating actions taken by the VA in your case are not probative of the existence of error or injustice in your Marine Corps Record. In this regard, the Board found that the VA assigned those ratings without regard to the issue of your fitness for military service on the date of your discharge from the Marine Corps. In addition, the VA added and/or increased ratings based on changes in your conditions which occurred after you were discharged. As the available records do not demonstrate that your minor joint pains, tinnitus and/or tender scars rendered you unfit to reasonably perform the duties of your rank on 31 December 2003, or that you were entitled to a disability rating of 30% or higher from the PEB, there is no basis for recommending any corrective action in your case. Accordingly, your application has been denied.
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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