DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08948-09
4 February 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 22 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.
The Board found that you enlisted in the Marine. Corps:-on 2
January 2002 and were promoted to corporal effective 1 December
2005. You underwent a pre-separation medical assessment on 7
March 2006. Although you disclosed a history.of several medical
conditions at that time, none was considered disqualifying for
separation. You were voluntarily released from active duty on 1
April 2006 and assigned a reentry code of RE-1A, to indicate
that you were eligible and recommended for reenlistment. ©
Your receipt of disability ratings from the Department of
Veterans Affairs following your release from active duty is. not
probative of the existence of error or injustice in your naval
record because those ratings were assigned without regard to the
issue of your fitness for military duty at the time of your
release from active duty. As you have not demonstrated that you
were unfit to reasonably perform the duties of your rank by
reason of physical disability on 1 April 2006, the Board was
unable to recommend 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,
Web
W. DEAN PF
Executive ettor
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