DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05140-08
23 March 2009
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 19 March 2009. 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
Srror OF INJUSELCE.
The Board found that you enlisted in the Marine Corps on 28
February 1977. On 31 May 1977, a medical board gave you a
diagnosis of psychogenic spastic colon, which existed prior to
your enlistment. The medical board determined that you did not
meet the minimum physical standards for enlistment because of
that condition, and that you were not unfit for duty by reason
of a physical disability that was incurred in or aggravated by
your service. It recommended that you be discharged by reason of
enlisted in error. After Leing informed of the findings and
recommendation of the medical board, you declined to submit a
statement in rebuttal thereto. You were discharged on 6 June
1977 pursuant to the approved findings and recommendation of a
medical board.
The fact that the Department of Veterans Affairs (VA) granted
your request for service connection for major depressive
disorder with somatoform disorder almost thirty years after you
were discharged from the Marine Corps was not considered
probative of the existence of error or injustice in your naval
record. It appears that the VA granted your request in large
part because you found qualified for enlistment physical
examination on 10 February 1977. The VA ignored the findings of
the medical board and the fact that you concealed a significant
aspect of your medical history when you applied for enlistment.
In this regard, the Board noted that when examined on
10 February 1977, you denied experiencing a recent loss of
weight. Your medical board report, however, indicates that you
experienced a significant weight loss as you began to experience
lower abdominal pain during the year before you enlisted.
In view of the foregoing, and as Board was not persuaded that
you were unfit for service by reason of physical disability that
was incurred in or aggravated by your brief period of naval
service, 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,
\s
W Needs F
Executive DilyectOr
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