DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04422-10
22 April 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 3 March
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 enlisted in the Marine Corps on 24 January 2005. On 30 January
2007 the Physical Evaluation Board (PEB) made preliminary findings
that you were unfit for duty by reason of physical disability due
to a left talar beak without evidence of tarsal coalation. The PEB
classified your bilateral pes planus, left calcaneal and cuboid
exostosis, and chronic left ankle pain as category 2 conditions that
are related to the unfitting condition but not ratable. You accepted
the findings of the PEB on 8 February 2007, and waived your right
to a formal hearing. You were discharged in accordance with the
approved findings of the PEB on 31 March 2007. You were assigned
a reentry code of RE-3P to indicate you require a waiver of physical
disqualification in order to become eligible for reenlistment.
The Board concluded that your receipt of disability ratings from the
Department of Veterans Affairs (VA) for a depressive disorder,
patellofemoral syndrome, wrist strain, hand contusion, and left
ankle strain, is not probative of the existence of error or injustice
in your naval record because the VA awarded those ratings without
regard to the issue of your fitness for military duty as to those
conditions. As you have not demonstrated that any of those
conditions rendered your unfit for duty by reason of physical
disability at the time of your discharge, the Board was unable to
recommend favorable action on your request. Accordingly, your
application hasbeen 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,
lo Wound
W. DEAN PFEIL
Executive Dikec
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