DEPARTMENT OF THE NAVY
BOARD FOR CORRECTIQN OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12093-08
8 April 2010
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 8 April 2010. 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. in addition, the Board considered the
enclosed advisory opinion furnished by the Commandant of the
Marine Corps dated 20 October 2009, and your response thereto.
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.
You were ordered to active duty as a member of the Marine Corps
Reserve on 8 November 2002 for a period of 179 days to serve as
a recruiter aide. On 29 November 2002 you were Stabbed is the
chest, which resulted in a partial collapse of your left lung,
and require your hospitalization until 1 December 2002. You were
examined on 27 December 2002 and found to be physically
qualified. Your history of a “SS PTX”, i.e., partial
pneumothorax (lung collapse), and residual diminished sensation
at the site of stab wound were not considered disqualifying. You
were released from active duty by reason of completion of
required service on 14 February 2003. You were assigned a
reentry code of RE-Al, to indicate that you were qualified and
recommended for reenlistment. You were placed in a limited duty
status effective 21 July 2003 because of residual chest pain,
status-post stabbing and resolved pneumothorax. You were
permitted to perform inactive duty training (drills), but were
exempted from lifting, running, and doing sit-ups and pushups.
You were transferred to the Individual Ready Reserve (IRR)
effective 15 August 2003 in accordance with your request. You
completed your eight-year statutory service obligation effective
5 May 2004.
Your receipt of disability compensation from the Department of
Veterans Affairs (VA) effective 15 February 2003 is not
probative of the existence of error or injustice in your naval
record because the VA awards disability ratings without regard
to the issue of a veteran’s fitness for military service on the
effective date of the veteran’s disability ratings. As you have
not demonstrated that you were unfit to reasonably perform the
duties of your rank on 14 February 2003, when you were released
from active duty, or on 15 August 2003, when you were
voluntarily transferred to the IRR, 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,
Lo Doan Qy,
W. DEAN PFE
Executive Di¥Fector
Enclosure
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