DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE .
Docket No. 1369-12
17 December 2012
Dear iiiilinaagtin
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 13 December 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 enlisted in thé Marine Corps on 26 July 2004. You completed
a Report of Medical Assessment on 18 February 2009 in connection
with a pre-separation physical examination in which you stated
that you did not have any conditions that limited your ability
to work in your primary military specialty or required
geographic or assignment Limitations. You were found
physically qualified for separation on that date. You were
released from active duty on 25 March 2009, and on 9 April 2009
the Department of Veterans Affairs (VA) awarded you a combined
disability rating of 40% for seven conditions.
Your receipt of disability ratings from the VA is not probative
of the existence of error or injustice in your naval record
because the VA assigned those rating without regard to the issue
of your fitness for naval service at the time of your release
from active duty. As you have not demonstrated that you were
unfit for duty at that time, the Board was unable to recommend
corrective. 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. 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,
Executive ettor
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