DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00626-08
16 October 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 9 October 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 23 January to 18 August 2006, when you were
discharged for the convenience of the government due to a
condition, not a disability, which interfered with your
performance of duty. On 1 June 2007, the Department of Veterans
Affairs (VA) denied your request for service connection for a
pubic ramus stress fracture; however, on 28 January 2008, the VA
reversed itself and granted your request for service connection
for that condition. The VA assigned a 0% rating because there
was no objective evidence of disability that would warrant a
compensable rating.
The Board was not persuaded that you were unfit for further
service by reason of physical disability at the time of yoru
discharge. Although you suffered from a condition that
interfered with your performance of entry level training, the
available records do not demonstrate that condition was
disabling. 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,
Wross
W. DEAN PF
Executive eydor
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