DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

JRE
Docket No. 06251-05
25 September 2006

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 September 2006. 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 on 30 June 2004, you were discharged by reason of physical disability, with entitlement to disability severance pay, because of a condition of your lower back that was rated at 20% disabling. On 6 August 2004, the Department of Veterans Affairs (VA) awarded you a 10% rating for the condition of your lower back, and ratings of 10% for conditions of your knees and shoulders, and 0% for toenail fungus, for an overall combined rating of 40%.

The Board concluded that your receipt of disability ratings from the VA for multiple conditions does not demonstrate that your discharge from the Marine Corps was erroneous. In this regard, it noted that although the VA assigns disability ratings without regard to the issue of fitness for military service, the military departments are permitted to rate only those conditions that render a service member unfit to reasonably perform the duties of his office, grade, rank or rating. The Board was not persuaded that conditions of your knees, shoulders or toenails rendered you unfit for duty at the time of your discharge. Accordingly, and as you have not demonstrated that the condition of your lower back should have been rated above 20% disabling, there is no basis for recommending any corrective action in your case.

In view of the foregoing, 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 PFIEFFER
Executive Director