DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
, WASHINGTON DC 20370-5100
JRE
Docket No. 13273-09
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 28 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.
You served on active duty in the Marine Corps from 28 January
1985 to 30 September 1988, when you were discharged by reason of
physical disability, with entitlement to. disability severance
pay, due to a condition of your feet that was rated at 10% ©
' disabling.
The Board did not accept your contention to the effect that you
did not know that you had been discharged by reason of physical
disability. In this regard, it noted that you advised official
of the Veterans Administration on or about 9 January 1990 that
you had received disability severance pay from the armed forces.
Accordingly, and as you have not demonstrated that the condition
of your feet condition was ratable at or above 30% disabling at
the time of your discharge, which is the minimum rating required
to entitle you to monthly disability retirement payments from
the Marine Corps, there is no basis for recommending any
corrective action in your case.
In view of the foregoing, 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 PFE
Executive Di =
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