DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 203704100
JRE
Docket No: 2752-99
11 September 2000
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 8 September 2000.. 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 20 July 1992 to
21 January 1994, when you were discharged by reason of erroneous enlistment because of
chronic back pain, which was classified as existed prior enlistment, and not aggravated by
your service.
The Board was not persuaded that the trauma to your back which you disclosed in your
application, but concealed from Navy medical authorities at the time in question, resulted in
permanent aggravation of your pre-existing back condition. In the absence of evidence of
service aggravation, 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
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.
all official
Sincerely,
W. DEAN PFEIFFER
Executive Director
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