DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09843-08
24 August 2009
This ig 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 13 August 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 recoreé 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 were discharged from the Marine Corps
on 18 February 1994 as a result of your non-selection for
promotion to staff sergeant, E-6. Although you had been placed
on limited duty on 4 January 1994 for a period of up.to six
months, your shoulder was re-examined and you were cleared for
separation. The Department of Veterans Affairs (VA) awarded you
separate disability ratings of 10% for conditions of your right
shoulder, cervical spine and left leg, for a combined rating of
30% effective 19 February 1994.
Your receipt of a disability rating from the VA is not probative
of the existence of error or injustice in your naval record,
because the VA assigns ratings without regard to the issue of
fitness for military duty. As you have not demonstrated that
you were unfit to reasonably perform the duties of your office,
grade, rank or rating by reason of physical disability at the
time of your discharge, 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,
yas
W. DEAN PFE
Executive Dixéctbr
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