DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 01197-10
9 November 2010
oe
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 4
November 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 July 1999 to
3 December 2002, when you were discharged for the convenience of the
government due to a condition not a disability, namely, a knee
condition related to one that you failed to disclose at the time of
your enlistment. On 27 December 2006, the Department of Veterans
Affairs (VA) awarded you a 10% rating for a minor knee condition.
Your receipt of VA compensation is not probative of the existence
of error or injustice in your naval record because the VA awarded
that compensation without regard to the issue of your fitness for
military duty. As you have not demonstrated that you were UIE Lor
duty by reason of physical disability that was incurred in or
aggravated by your brief period of naval service, 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
Poiying for a correction ‘of an official naval record, the burden
ee on the applicantito demonstrate the existence of probable material
‘error or injustice.
Sincerely,
W. DEAN P
Executive D
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