DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04658-10
22 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 17
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 enlisted in the Marine Corps on 30 November 2004. On 13 January
2005, you reported that you had experienced constant numbness and
tingling in the fourth and fifth digits of your right hand since the
start of boot camp. In addition, you reported that the fifth digit
had deviated toward the ulnar aspect (outside) of your right wrist
for the past two years, which you failed to disclose when you applied
for enlistment. You denied a history of trauma to your right hand
and/or fingers. The condition was diagnosed as neuropathy of the
right ulnar nerve which existed prior to your enlistment and was not
aggravated by your service. Although the condition was not considered
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disabling, it did interfere with your ability to complete entry level
training. You were considered physically qualified for separation
on 8 February 2005. You were discharged for the convenience of the
government on 18 February 2005 by reason of a condition, not a
disability, which interfered with your performance of duty. On 23
January 2008, the Department of Veterans Affairs (VA) awarded you
a disability rating of 10% for peripheral neuropathy, right ulnar
nerve effective 27 November 2007. Although VA rating officials
could not determine whether or not the condition was the result of
an in-service injury, they granted your request for service
connection based on the fact that the report of your pre-enlistment
physical examination was negative for any pre-existing condition.
The VA did so notwithstanding the fact that that you failed to report
the outward deviation of :your right fifth finger during that
examination, and that military physicians determined that your
condition existed prior to your enlistment.
The Board rejected your unsubstantiated contention to the effect that
the condition of your right hand and fingers was caused by an
in-service injury. In addition, the Board was not persuaded that
you were unfit for duty by reason of physical disability that was
incurred in or aggravated by your very brief period of service in
the Marine Corps. The fact that the VA awarded disability
compensation is not probative of the existence of error or injustice
in your naval record, because the VA did so without regard to the
issue of your fitness for military service on 18 February 2005.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to correct your record in such
a manner that you would be entitled to full benefits under the Post
9/11 GI Bill, 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,
WQea Ars
W. DEAN PFBIR
Executive b)
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