DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: - 2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 10209-09
26 October 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 23 October 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Boara. 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. In this regard, the Board found that
although you were wounded in action in Vietnam, you were
considered fit for duty on 23 October 1969, when you were
_xveleased from active duty and transferred to the Marine Corps
Reserve. The fact that the Veterans Administration (VA) awarded
you disability ratings of 20% for residuals of a chest wound ,
and 103 for residuais of an abdominal wound is not probative of
the existence of error or injustice in your record because the
VA assigned those ratings without regard to the issue of your
fitness for military duty as of 23 October 1969. Your initial
VA rating decision dated 2 April 1970 suggests that there was
minimal impairment associated with the residuals of your wounds.
You complained of upper gastrointestinal discomfort following
meals. Your wound acars were examined and found to be “non-
tender, non-fixed and non-depressed”, and no hernias, masses or
evidence of fluid were found.
In view of the foregoing, and as you have not demonstrated that
you were unfit to reasonably perform the duties of your office,
grade, rank or rating by reason of physical disability at the
time of your release from active duty, 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.
Tt 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,
Yoon!
W,. DEAN PF
Executive Dire'etor
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