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NAVY | BCNR | CY2012 | 09636 12
Original file (09636 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE i001
ARLINGTON, VA 22204-2490

 

JR]
Docket No. 9636-12
19 October 2012

 

EI

 

 

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.

Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 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 in the Marine Corps from 13 October
2001 to 1 January 2004, when you were discharged by reason of
physical disability due to pes planus, a bilateral foot

condition that existed prior to your service. Although you
were not noted to have pes planus when you underwent your
pre-enlistment physical examination, the PEB determined, based
on accepted medical principles, that the disability had in fact
existed prior to your enlistment, and had not increased in
severity beyond normal progression during your service in the
Marine Corps. Accordingly, and in the absence of persuasive
evidence that you condition was incurred in or aggravated by
your service, the Board was unable to recommend favorable action
on your request. 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,
oe ic ee et es

ROBERT D. SALMAN
Acting Executive Director

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