DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09264-07
1 August 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 31 July 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 served on active duty in the Marine
Corps from 1 September 2005 to 31 August 2006, when you were
discharged because of. osteochondritis dissecans, a condition of
your right knee which interfered with your performance of duty,
but was not considered to be a physical disability. On 22
February 2007, the Department of Veterans Affairs (VA) awarded
you a 0% disability rating for your knee condition. You were
not entitled to a compensable rating because there was no
ratable limitation of motion in the knee joint or objective
evidence of painful motion, and it did not affected your
civilian occupation as a stockman. The VA denied your request
to be classified as unemployable because Of the effects of knee
condition.
Your receipt of a 0% disability rating from the VA does not
demonstrate that you were erroneously discharged from the Marine
Corps by reason of a condition, not a disability. In the absence
of evidence which demonstrates that you were unfit to reasonably
perform the duties of your office, grade, rank or rating by
reason of physical disability, the Board was unable to recommend
any corrective action in your case. 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.
IN _c
uaa DEAN P
Executive
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