DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12476-10
7 June 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 26 May
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 12 July 1966 and remained on active
duty until 30 January 1969 when you were transferred to the Temporary
Disability Retired List (TDRL) due to a spinal disability. After
reviewing the report of a periodic physical examination conducted
while you were on the TDRL, the Physical Evaluation Board (PEB)
reduced your disability rating to 20% and directed that you be
discharged with entitlement to disability severance pay.
Your contention to the effect that you did not receive retired pay
or other benefits from the Marine Corps could not be substantiated
or refuted; however, it is likely that you waived your right to
receive disability retired pay so that you could receive disability
compensation from the Veterans Administration. In any event, as you
have not demonstrated that you should have been permanently retired
by reason of physical disability on or about 31 January 1969, rather
than transferred to the TDRL, or that your condition was ratable at
or above 30% disabling when your name was removed from the TDRL
several years later, 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,
Wa Sp,
W. DEAN PF
Executive D
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