DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01802-08
28 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 16 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 enlisted in the Marine Corps on 20 March
2001. On 12 August 2005, the Physical Evaluation Board found
you fit for duty notwithstanding your condition of intercostal
neuralgia. You accepted that finding on 19 August 2005. You
were discharged from the Marine Corps 19 March 2006 by reason of
completion of required active service, and assigned a reentry
code of RE-IA.
The Department of Veterans Affairs (VA) awarded you a 0%
disability rating for splenic flexure syndrome effective 20
March 2005. On 3 December 2007, the VA changed the diagnosis to
intercostal neuralgia, and increased the disability rating to
30% effective 20 March 2006.
In order to be separated or retired by reason of physical
disability, a service member must be unfit to reasonably perform
the duties of his office, grade, rank or rating by reason of
physical disability. You were assigned a reentry code of RE-1
at discharge, which indicates that you were eligible and
recommended for further service at that time. The fact that the
VA. granted you a substantial disability rating effective the day
following your discharge is not probative of the existence of
error or injustice in your naval record, because the VA granted
that rating without regard to the issue of your fitness for
military duty.
In view of the foregoing, and as you have not demonstrated that
you were unfit for duty at the time of your discharge, 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,
\pYonk
W. DEAN PFE
Executive Di
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