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NAVY | BCNR | CY2001 | 05346-99
Original file (05346-99.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 203704100

JRE
Docket No: 5346-99
28 August 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 24 August 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 29 August 1960 to
22 April 1964, when you were discharged by reason of physical disability due to chronic
back pain secondary to spondylolysis, bilateral, L-5. The medical evidence you submitted,
which is to the effect that a radiographic examination did not identify spondylolysis at L-5
(although the presence of subtle spondylolysis could not be excluded by that examination)
does not alter the fact that you were unfit for duty because of chronic back pain, or
demonstrate that the diagnosis made in your case is erroneous. You did not meet the
minimum criteria for an honorable discharge, because your 
final conduct mark average was
not 4.0 or higher. Accordingly, there is no basis for granting your requests for corrective
action.

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 PFEIFFER
Executive Director



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