DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07193-10
29 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 28 April
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 18 April 1968. You were released
from active duty on 17 November 1969 and transferred to the Temporary
Disability Retired List (TDRL) because of residuals of a gunshot
wound. Upon being reevaluated in 1971, you were found fit for duty
and your name was removed from the TDRL effective 27 October 1971.
You reenlisted in the Marine Corps on 19 January 1972 and served until
21 January 1974, when you were discharged by reason of physical
disability with entitlement to severance pay.
In the absence of evidence which demonstrates that you were entitled
to a permanent disability rating of 30% or higher on 21 January 1974,
the Board was unable to recommend that your record be corrected to
show that you were permanently retired by reason of physical
disability. 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,
Ly Deg OD:
W. DEAN PFE
Executive D
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