Search Decisions

Decision Text

NAVY | BCNR | CY2012 | 00225 12
Original file (00225 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

JRE
Docket No. 225-12
1 November 2012

 

 

 

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 25 October 2012. 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 served on active duty from 29 May 2001 to 31 December 2003,
when you were discharged by reason of physical disability with
entitlement to disability severance pay. On 9 May 2007 the

Department of Veterans Affairs (VA) granted your request for
service connection for reactive airway disease and awarded you
a disability rating of 10%.

In the absence of evidence which demonstrates that your
disability was ratable at 30% or higher as of 31 December 2003,
the Board was unable to recommend favorable action on your
request for correction of your record to show that you were
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.

The Board did not consider your request for administrative
correction of your DD Form 214. If you want corrections to your
DD Form 214 beyond those noted by the Commandant of the Marine
corps in the letter dated 22 February 2011, you must clearly
specify what corrective action you are seeking.

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. Inthis 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,

Acting Executive Director

Similar Decisions

  • NAVY | BCNR | CY2011 | 12128 11

    Original file (12128 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2012. 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. Consequently, when applying for a correction of an offical naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2010 | 11518 10

    Original file (11518 10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 2011. Your receipt of disability compensation from the VA is not probative of the existence of error or injustice in your naval record because the VA made that award without regard to the issue of your fitness for military duty. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2005 | 10188-05

    Original file (10188-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 February 2007. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 08905-09

    Original file (08905-09.pdf) Auto-classification: Denied

    Your receipt of disability ratings from the VA for migraine headaches and related depression is not probative of the existence of material error or injustice in your Navy record, because the VA assigned those ratings without regard to the issue of your fitness for military duty on 31 October 2003. As you were found physically qualified for separation from the Navy, and have not demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason...

  • NAVY | BCNR | CY2005 | 08527-05

    Original file (08527-05.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 November 2006.. You were assigned a reentry code of RE-3P, which is the most favorable code authorized for Marines discharged by reason of physical disability. 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.

  • NAVY | BCNR | CY2007 | 04706-07

    Original file (04706-07.rtf) Auto-classification: Denied

    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.On 12 November 2003, the Physical Evaluation Board made preliminary findings that you were unfit...

  • NAVY | BCNR | CY2011 | 12520 11

    Original file (12520 11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2003 | 05954-03

    Original file (05954-03.pdf) Auto-classification: Denied

    Osgood- In this regard, The Board noted that your receipt of a disability benefits from the VA does not demonstrate that your discharge from the Marine Corps was erroneous. As you have not demonstrated that any of the conditions rated by the VA, either separately or in combination with others, rendered you unfit for duty at the time of your discharge from the Marine Corps, the Board was unable to recommend any corrective action in your case. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2007 | 00606-07

    Original file (00606-07.rtf) Auto-classification: Denied

    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.The Board found that you were released from active duty on 13 June 1980 and transferred to the...

  • NAVY | BCNR | CY2012 | 01369 12

    Original file (01369 12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 December 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...