DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 04033-10
14 February 2011
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
February 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 entered on active duty in the Marine Corps Reserve on 5 July 1994.
You underwent a pre-separation physical examination on 28 November
1994 and were found qualified for release from active duty. You did
not disclose a history of any condition that you felt rendered you
unfit for duty, despite being admonished to do so if any such
conditions existed. You were released from active duty on 29 December
1994. Ina letter dated 14 April 1995, a podiatrist advised “whom
it may concern” that you suffered from heel spur syndrome with
associated plantar fasciitis, right and left foot, manifested by foot
pain with strenuous training activities, and that he felt that you
were unable to fulfill your duties in the Marine Corps. On 13
December 1995, the Chief, Bureau of Medicine and Surgery, found you
not physically qualified for retention in the Marine Corps Reserve
because of that condition. On 29 May 1996, after being advised of
your rights in connection with your proposed administrative
separation by reason of lack of physical qualification, you waived
your right to request review of your case by a physical evaluation
board, and requested that you be discharged by reason of being found
not physically qualified for further service. You were discharged
pursuant to your request on 11 July 1996.
In view of the foregoing, and as you have not demonstrated that on
‘29 December 1994 you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your brief period
of active duty service, 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.
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,
Weg Re,
W. DEAN PFEIL
Executive Dil
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