DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
: oO
WASHINGTON DC 20370-510 JRE
Docket No. 09908-07
22 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 21 August 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. In addition, it considered the
comments of your counsel.
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 were the subject of a medical board
which convened on 25 March 1993, to report evaluate the
residuals of a shoulder injury you had sustained approximately
seven years earlier. The medical board report indicates that
the residuals of the injury prevented you from doing any pull-
ups. The medical board report was referred to the Physical
Evaluation Board (PEB), which considered your case on 1 June
1993. The PEB determined that you were fit for duty. You
disagreed, and requested that you be accorded a personal
appearance hearing. On 12 July 1993, your request for a hearing
was denied. You were discharged from the Marine Corps on 12
December 1993, at the expiration of your enlistment. It appears
that you were not permitted to reenlist at that time because you
were unable to pass the Marine Corps physical fitness test (PFT)
because of your shoulder condition. Following your discharge,
the Department of Veterans Affairs (VA) awarded you disability
ratings of 20% for the shoulder condition, and 10% for
hypertension.
The Board found that your receipt of disability ratings from the
VA is not probative of the existence of error or injustice in
your military record, because the VA assigned those ratings
without regard to the issue of your fitness for military duty at
the time of your separation from the Marine Corps. It appears
that you were capable of performing your duties as an air
traffic controller in an outstanding manner, and would have
continued to do so had you been permitted to reenlist. The
Board concluded that your inability to pass the PFT and
resulting denial of reenlistment did not provide a basis for
finding you unfit for duty and granting your request for
disability retirement. 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,
We “DEAN DEE LE A
Bxecutive D eek
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