DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10963-07
22 September 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 18 September 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 were released from active duty on 2
November 1987, and transferred to the Temporary Disability
Retired List (TDRL), with a combined rating of 40% for residuals
of injuries you had sustained in a motor vehicle accident. On 9
September 1991, after reviewing a report of a periodic physical
examination, the Physical Evaluation Board (PEB) retained you
name on the TDRL. When it reviewed your case on 9 May 1994, the
PEB had two options: to separate you from the Marine Corps
without severance pay or entitlement to other disability
benefits administered by the Department of the Navy due to your
failure to undergo a final periodic physical examination, or to
evaluate your fitness for duty based on the evidence of record
and assign a disability rating. The PEB chose the second option,
and assigned you a final rating of 20%, which entitled you to
disability severance pay.
The Board was not persuaded that your disability was ratable at
or above 30% disabling when final action was taken in your case
in 1994. 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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