DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No, 09422-08
24 August 2009
This is in reference to your application fox 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 Coxrection of Naval
Records, sitting in executive session, considered your
application on 16 July 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 30 October 1967 to 16 June 1969, when you were
transferred to the Marine Corps Reserve (USMCR), and assigned a
reenlistment code of RE-1. You were honorably discharged from
the USMCR on 14 September 1973. Effective 8 Novembér 2004, the
Department of Veterans affairs (VA) awarded you disability
ratings of 30% for posttraumatic stress disorder, and 0% for
residuals of wounds you sustained in combat. The combined rating
was increased to 60% effective 9 November 2006 and to 80%
effective 27 December 2007.
The Board concluded that your receipt of disability ratings from
the VA more than thirty-five years after you were released from
active duty is not probative of your contention that you should
have been retired by reason of physical disability in 1969.
There ig no indication in the available records that you
suffered from posttraumatic stress disorder prior to your
release from active duty. In addition, you were examined on 10
June 1969 and found physically qualified for release from active
duty and to perform the duties of your rank at sea and in the
field. Your signature in item 72 of the report of examination
indicates that you had been advised to notify the examining
physician of any conditions you felt were disabling or warranted
further evaluation or treatment. There is no indication
elsewhere in that form that you disclosed any such conditions.
Your receipt of a reenlistment code of RE-1 indicates that you
were qualified and recommended for reenlistment, and that you
‘could have reenlisted at that time had you wanted to do so.
In the absence of evidence which demonstrates that you were
unfit to reasonably perform your duties at the time of your
release from active duty, the Board was unable to recommend
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,
La Qua SR
W. DEAN PFET
Executive Diré¢ctor
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