DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20376-5100 Docket No. 09295-0909
7 June 2010
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This is in referenge 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 3 June
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 3 February to 12
March 1993, when you were discharged because of degenerative joint
Gisease of the right shoulder which existed prior to your enlistment
and was not aggravated by your service. On-11 August 2005, the
Department of Veterans Affairs (VA) awarded you a disability rating
of 20% for your shoulder condition, based on the finding that the
condition “permanently worsened” as a result of your one month and
ten days of naval service.
You were discharged from the Navy without entitlement to disability
benefits because Navy officials determined that your preexisting
Shoulder condition was not aggravated by your service, i.e.,
increased in severity beyond normal progression during your period
of service, there is no basis for granting your request for disability
separation or retirement. 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,
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