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NAVY | BCNR | CY2009 | 09267-09
Original file (09267-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE

Docket No. 09267-09
17 June 2020

 

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 10 June
°2010. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures
applicabie 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 reenlisted in the Marine Corps Reserve on 2 October 2003. On or
about 18 May 2007, while serving on active duty, you received a
fitness report in which you were recommended for promotion and ranked
as one of the many highly qualified professionals who formed the

majority of your grade of staff sergeant. You were released from
active duty on 2 October 2007.

On 15 July 2008, the Department of Veterans Affairs (VA) awarded you
disability ratings for a panic disorder, gastroesophageal reflux
disorder (GERD), and conditions of your cervical and lumbar spines,
right foot, skin and kidneys. The ratings you received for those two
conditions were based in large part on your subjective report of
symptoms. The VA rating examination report indicates that you had
suffered from panic attacks and anxiety symptoms since 1986 or
earlier and undergone corrective surgery for GERD in 2005. The VA
denied your request for service connection for numerous other claimed
disabilities.

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
to reasonably perform your military duties at the time of your release
from active duty. As you have not demonstrated that you were unfit
for duty at that time, 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,
W. DEAN
Executive

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