DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05362-10
25 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 24 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. ‘polies.es.
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 IA TUSELCS .
You served on active duty in the Marine Corps from 18 September 2000
to 17 September 2005, when you were released from active duty at the
expiration of your active duty commitment. You were assigned a
reentry code of RE-1A to indicate that you were qualified, eligible
and recommended for reenlistment. There is no indication in your
official military personnel file that you were unable to reasonably
perform the duties of your rank at that time.
The Department of Veterans Affairs (VA) granted your request for
service connection for posttraumatic stress disorder effective 21
May 2007, and assigned a disability rating of 30% for that condition.
The Board noted that in order for you to become entitled to disability
retirement from the Marine Corps you must demonstrate that you were
unfit to perform your duties on 17 September 2005 due to a condition
or conditions that were ratable at 30% at that time; unfortunately,
the Board was not persuaded that you suffered from posttraumatic
stress disorder prior to your release from active duty, or that you
were unfit for duty because of the symptoms of possible mental
disorders you disclosed to a civilian physician on 26 January 2005.
Significantly, you did not report those symptoms to military medical
4uthorities prior to your release from active duty. The fact that
you have received disability ratings from the VA is not probative
of the existence of error or injustice in your case because those
ratings were awarded without regard to the issue of your fitness for
military duty on the date of your release from active duty.
In view of the foregoing, 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,
Lend
W. DEAN PFRIF
Executive Director
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