DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORBS 5
2 NAVY ANNEX k
WASHINGTON DC 20370-5100 Docket No. 11037-08
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.
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 appla Gable 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 from 27 February
1984 to 25 June 1992, when you were released from active duty
and transferred to the Marine Corps. Reserve. Effective 23 July
1998, while you were serving as a member of the Selected
Reserve, the Department of Veterans Affairs (VA) awarded you
disability ratings of 50% for posttraumatic stress disorder and
10% for frontal and temporal lobe dysfunction. As a result of
that rating action, your case was referred to the Bureau of
Medicine and Surgery for review. On 20 July 1999, the Chief,
Bureau of Medicine and Surgery determined that you were not
physically qualified for retention in the Marine Corps Reserve
due to posttraumatic stress disorder, anxiety disorder and
rheumatoid arthritis. After being advised of the options
available.to you, you elected to request transfer to the Retired
List of the Marine Corps Reserve with entitlement to retired pay
at age 60. Your request was made pursuant to the Reserve
Transition Benefit Program which provided for early
qualification for retired pay for Marines who had been found not
physically qualified for service and had completed between 15
and 20 years of service qualifying for Reserve retirement. Your
request was granted, and you were transferred to the Retired
Reserve effective 1 November 1999.
The Board concluded that the available evidence is insufficient
to demonstrate that you were unfit for duty by reason of
physical disability when you were released from active duty in,
1992, or that any of the conditions for which you have received .
VA ratings were incurred in or aggravated by your service in the
' Marine Corps. Reserve. The Board.concluded that there is no basis __-
‘for granting your request for correction of your record to show
that you were retired by reason of physical disability on or
about 1 November 1999, vice transferred to the Retired Reserve.
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,
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DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No. 10491-07 21 November 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: FORMER