DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04688-11
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 8 August 1969. On 23 November
1970, a medical board determined that you were unfit for duty because
of the effects of an inherited disorder of your liver which had not
been aggravated by your naval service. It recommended that you be
discharged without entitlement to disability benefits administered
by the Department of the Navy. After being advised of the findings
of the medical board, you waived your right to demand a hearing before
a physical evaluation board, and requested that you be
administratively discharged as soon as possible. You were honorably
discharged on 24 December 1970 in accordance with your request and
the approved recommendation of the medical board.
Your receipt of disability compensation from the Department of
Veterans Affairs (VA) is not probative of the existence of error or
injustice in your naval record because the VA awarded that
compensation many years after you were discharged from the Marine
Corps, and it did so without regard to the issue of your fitness for
military duty on 24 December 1970. In the absence of evidence which
demonstrates that you were unfit for duty by reason of a service
incurred or aggravated disability at the time of your discharge, the
Board was unable to recommend favorable action on your request.
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,
La Deared)
W. DEAN P IKFRR
Executive Director
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