DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00026-09
25 January 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 14 January 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.
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 served on active duty in the Marine Corps from 21 April 2003
to 20 April 2007, when you were voluntarily released from active
duty and transferred to the Marine Corps Reserve. You were
assigned a reentry code of RE-1A, to indicate that you were
qualified and recommended for reenlistment at that time.
The Board concluded that your receipt of substantial disability
ratings from the Department of Veterans Affairs (VA) shortly
after you were released from active duty in not probative of the
existence of error or injustice in your naval record, because
the VA assigned those ratings without regard to the issue of
your fitness to reasonably perform your military duties as of
the date of your release from active duty. As you have not
demonstrated that you were unfit for duty by reason of physical
disability on 20 April 2007, 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,
\ Ras
W. DEAN P
Executive D
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