DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00751-093
22 March 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 11 March 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 25 October
2004 to 24 December 2008, when you were released from active
duty and assigned a reentry code of RE-1A, to indicate that you
were qualified and eligible for reenlistment. On 5 June 2009,
the Department of Veterans Affairs (VA) warded you separate
disability ratings of 10% for posttraumatic stress disorder,
tinnitus and left elbow bursitis.
Your receipt of disability rating from the VA is not probative
of the existence of error or injustice in your naval record,
because the VA awarded those ratings without regard to the issue
of your fitness for military duty as of the date of your release
from active duty. As you have not demonstrated that you were
unfit to reasonably perform the duties of your rank on 24
December 2008, or that you should have been referred to the
Disability Evaluation System at that time because of the
conditions rated by the VA or any other conditions, 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,
Won
W. DEAN PF
Executive regcrar
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