DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 -
JRE
Docket No. 07957-07
1 July 2008
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 26 June 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.
insufficient to establish the existence of probable material
error or injustice.
The Board found that you were discharged from the Marine Corps
by reason of physical disability on 13 June 1989, with
entitlement to disability severance pay. On 5 January 1990,
Department of Veterans Affairs (VA) awarded you a combined
disability rating of 20% under VA code 5022.
the
disability retirement because your condition was not rated at or
above 30% disabling. Your belief that you repaid the severance
pay and are therefore entitled to retired pay from the Marine
Corps is erroneous. It appears, however, that you should be
entitled to monthly disability payments from the VA, which will
be withheld by the VA until such time as the amount withheld
equals the full amount of your disability severance pay.
In view of the foregoing, your application has been denied.
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,
\ cor,
W. DEAN P
Executive Di
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