DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC.20370-5100

			JRE
										 Docket No. 08695-05
										 6 November 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 26 October 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 you underwent a physical examination on 22 October 1999 and were found physically qualified for separation. On 22 February 2000, you were released from active duty and discharged at the expiration of your enlistment. You were assigned a reentry code of RE-3P. You were not permitted to reenlist at that time because you failed to conform to Marine Corps weight and body fat standards. On 28 January 2004, the Department of Veterans Affairs (VA) awarded you disability ratings of 10% for ringing in the ears, 0% for hearing loss, and 10% for largely subjective residuals of a hip injury you sustained in 1986.

The Board noted that the VA assigns disability ratings without regard to the issue of fitness for military service. As you have not demonstrated that you were unfit for further service because of the ringing in your ears, minimal hearing loss, and/or residuals of a hip injury that occurred many years before your discharge, there is no basis for correcting your record to show that you were discharged 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.

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 Directpr