DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
					 2 NAVY ANNEX
                                                                                  WASHINGTON DC 20370-5100
   	JRE
                      				Docket No. 03385-03
					 25  August 2003

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 21 August 2003. 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.

The Board found that you served on active duty in the Marine Corps from 16 November 1994 to 30 March 1997, when you were discharged by reason of physical disability. You were assigned a reentry code of RE-3P, which is the most favorable code authorized for a Marine discharged for that reason. On 25 June 1997, the Department of Veterans Affairs (VA) awarded you a combined rating of 20% chondromalacia patellae.

The Board noted that your present physical condition, although relevant to the issue of your fitness for duty at this time, has no bearing on the issue of the propriety of the reentry code you were assigned in 1997. In the absence of evidence that demonstrates that you were fit for duty at the time of your discharge, and that your discharge was therefore erroneous, the Board was unable to recommend any corrective action in your case.

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,

W. DEAN PFEIFFER
Executive Director