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
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