DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 05708-08
il May. 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 23 April 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
error or injustice. .
The Board found that you served in the Marine Corps from 18
October to 28 November 1995, when you were discharged by reason |
of your failure to méet procurement physical standards due post-
surgical shoulder pain that existed prior to your enlistment and
was not aggravated by your service. On 15 April 1996, the
Department of Veterans Affairs denied your request for service
comnection for that condition after determining that it was not
incurred in or aggravated by your naval service.
The Board concluded that the fact that you were initially found
physically qualified for enlistment is insufficient to
demonstrate that your disqualifying post-surgical shoulder pain
was incurred in or aggravated by your naval service.
theped
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,
pena Sf
ROBERT D. ZASALMAN
Acting Executive Director
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