DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS, ,
2 NAVY ANNEX
WASHINGTON DC 203705100, Docket No. 10767-08
7 October 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. . oe
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 September 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 enlisted in the Marine Corps: Reserve: on
12 duly 2000. You served on active duty from that date until 23
November 2000, and from 5 February 2002 to 8 September 2003.
You received a not observed fitness report for the period 1
July-30 September 2005. The report indicates that you had
received the Navy and Marine Corps Achievement Medal. for your
performance as acting platoon sergeant during annual training,
and that you had recently been promoted to sergeant, You
completed your sixth year of service qualifying for Reserve
retirement on 28 June 2006. You did not complete any Reserve
drilis or active duty service after that date. On 27 July 2007,
the Department of Veterans Affairs (VA} awarded you disability
ratings of 70% for posttraumatic stress disorder, 10% for each
knee, and 10% for degenerative disc disease of the thoracolumbar
spine, effective 17 April 2007. You were discharged from the
Marine Corps Reserve on 1 September 2008 upon the completion of
your eight-year statutory service commitment.
Your receipt of substantial disability ratings from the VA in
2007 is not probative of the existence of error or injustice in
your naval record. The VA rates all condition incurred in or
aggravated by a period of service, without regard to the issue
of fitness for military duty, whereas the military departments
assign disability ratings only in those cases where the service
member has been found unfit to reasonably perform the duties of
his office, grade, rank or rating by reason of physical
disability. The available records do not demonstrate that you
were unfit for duty by reason of physical disability when
_ released from active duty in 2003, or during your subsequent
service as a drilling reservist. It noted that you were promoted —-- -
from E-3 to E-5 following your release from active duty, and
performed your duties as an infantry Marine in an outstanding
manner.
In view of the foregoing, 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,
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