DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05732-09
10 June 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 4 June 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 served on active duty in the Marine
Corps from 29 October 2002 to 15 April 2003, when you were
discharged for the convenience of the government with an
uncharacterized entry level separation by-reason of shoulder
pain that was classified as a condition not a disability.
The Board found that you were not entitled to receive a
characterized separation because separation processing was
initiated in your case prior to your completion of 180 days of
service. The Board noted that the receipt of disability ratings
from the Department of Veterans Affairs is not probative of the
existence of error or injustice in a naval record, because the
VA assigns disability ratings without regard to the issue of
fitness for military duty. As you have not demonstrated that
you were unfit to reasonably perform the duties of your rank by
reason of physical disability at the time of your discharge,
there is no basis for correcting your record to show that you
were separated or retired by reason of physical disability.
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,
Executive DS
NAVY | BCNR | CY2008 | 07479-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. As you have not demonstrated that you were unfit for duty at the time of your discharge, the Board was unable to recommend any corrective action in your case. 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.
NAVY | BCNR | CY2008 | 05874-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 duly 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 04280-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1” February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 07375-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 03762-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. The medical board recommended that your case be considered by the Physical Evaluation Board (PEB). 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.
NAVY | BCNR | CY2010 | 04901-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. Your receipt of disability ratings from the VA is 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 for naval service as of 28 October 2009. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...
NAVY | BCNR | CY2008 | 11594-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2009. the Board. 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.
NAVY | BCNR | CY2009 | 07922-09
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 07831-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2009. 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. Consequentiy, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 09521-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 July 2009. Your receipt of disability ratings from the VA for numerous conditions that were not evaluated or rated by the PEB is 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 for military duty, and you have not demonstrated that any of those conditions...