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Decision Text

NAVY | BCNR | CY1998 | 03933-98
Original file (03933-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

JRE 
Docket No:  3933-98 
4 May  1999 

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  22  April  1999.  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 submitkd 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  entered on  active duty in  the Marine Corps on  5 March  1968. 
You  were diagnosed as suffering from a schizoid personality  3 December  1969, while 
serving in  Vietnam, and  you  were medically  evacuated because of  that disorder.  You 
underwent a pre-separation  physical examination on  21  October  1970, and  were found 
physically qualified for discharge.  The schizoid personality  was  noted  by  the examining 
physician, but  was  not  considered to be a disability under  laws administered by  the 
Department of  the Navy.  In  any event, as you  were discharged from the Marine Corps on 
23 October  1970, by  reason of  unfitness, you  would  not  have been  entitled to disability 
evaluation even  if  you  had  suffered from a condition considered disabling by  the Department 
of  the Navy. 

In  the absence of  evidence which  demonstrates that  your discharge was  erroneous, and 
establishes that  you  were unfit by  reason  of  physical disability at  that time, 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 



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