DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04326-08°
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 served in the Marine Corps Reserve from
1 November 1982 to 13 September 1983, when you were discharged
by reason of not being physically qualified for service in the
Marine Corps Reserve because of recurrent otitis media, left
ear, and recurrent cholesteatoma, status/post surgical excision
and ossucular replacement, which existed prior to your
enlistment. You were advised of your right to request a hearing
before the Physical Evaluation Board to contest your proposed
separation, but you waived that right and requested to be
discharged.
Following your discharge, the Department of Veterans Affairs
denied your request for service connection for a hearing loss
and several unrelated conditions.
In the absence of evidence which demonstrates that you were
unfit for service by reason of physical disability that was
incurred in or aggravated by your naval service, 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,
Ls -
W. DEAN
Executive D
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