DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04196-10
10 March 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 25
February 2011. 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 7 July 2003 to
11 March 2004, when you were discharged for the convenience of the
government due to a condition that interfered with your ability to
complete entry level training. Following your discharge, the
Department of Veterans Affairs (VA) awarded you a disability rating
of 10% for right knee patellar tendonitis.
Your receipt of disability compensation from the VA 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 service at the time of your discharge. Although
you suffered from long-term knee and shoulder pain which interfered
with your ability to perform your duties, you were not considered
unfit for duty by reason of physical disability. You were discharged
only after you had received the maximum benefits of treatment and
continued to experience pain that interfered with your performance
of initial entry training. As you have not demonstrated that your
condition was severe enough to have rendered you unfit for duty, the
Board was unable to recommend approval of your request. 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 tne 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,
LO We, P
ceaetiion
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