DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10200-07
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.
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 22 December 1976 to 12 May 1981. Although you
sustained a cold injury to your feet while on leave during
January 1980, that condition apparently had resolved prior to
your release from active duty on 12 May 1981.
The Board concluded that your receipt of disability ratings from
the Department of Veterans Affairs effective 20 June 2006 for
presumed residuals of the above-mentioned cold injury is not
probative of the existence of error or injustice in your naval
record, as those ratings were assigned without regard to the
issue of your fitness for military duty on 12 May 1981.
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 at the time of
your release from active duty, 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.
Sincerely,
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