DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 7244-01
29 January 2003
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 23 January 2003. 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. In addition, the Board
considered the advisory opinion furnished by the Marine Corps Recruiting Command dated 26
November 2002, a copy of which is attached.
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. In this connection, the Board substantially concurred with the comments contained
It was not persuaded that your separation from the Naval service was
in the advisory opinion.
related to the residual effects the encephalitis you suffered in 1995.
application has been denied.
furnished upon request.
Accordingly, your
The names and votes of the members of the panel will be
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
Enclosure
UNITED STATES MARINE CORPS
MARINE CORPS RECRUITING COMMAND
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103
IN REPLY REFER TO:
1610
G-l
NOV 2 6 2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Encl:
E CASE OF FORMER MEMBER
(1) Physical exam dtd 14
(2) Commanding Officer, NROTC Unit,
Ott 97
18 Aug 98
(3) OCS Patient Disposition
(4) Commanding Officer, NROTC Unit,
disenrollment notes dtd 18 Aug
(5) NROTC Education Cost Worksheet
ltr dtd
98
After a review of all submitted records, the command stands
be required to
1.
by its original determination that
repay the government for his
educatlona
entered the Naval ROTC Unit at Marquette
ugust 1995.
2.
Uni
month, he was admitted to the hospital and diagnosed with
encephalitis (an ac
viral infection).
returning to the Naval ROTC Unit,
ation of the brain caused by a
was treated and released.
made no re
ctober 1997,
ide effects or complications.
ompleted a physical exam (enclosure 1) and made
During a training exercise that
reference to anything other than a broken bone in his Report of
Medical History (SF93).
Upon
ce
In January 1998,
m was counseled on his substandard
3.
performance in his pre-OCS training (enclosure 2).
references were made to his lack of upper body strength and
endurance.
The command was concerned that he would be unable to
when reporting
epression and
returned from
during
disputed
was sen
OCS, he was scheduled for, and receive
which he was found physically fit for
the finding and requested a second opinion from a doctor that
diagnosed him with depression.
demands of OCS.
In June 1998
Specific
Subj:
E CASE OF FORMER MEMBER
received over $42,000 in educational assistance
od he claims to have been disqualified for
4.
dur
commissioning in the Marine Corps (enclosure 5).
period, he failed to disclose any information to any staff
members of the Naval ROTC unit.
Based on the above information,
During this
should be required to repay the government for the
cost of his education for failure to
disqualifying information.
disclose"pertinent
L
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