DEPARTMENT OF THE NAVY
BOARD
FOR CORRECTION OF NAVAL-RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 760-02
13 May 2002
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. You requested that all
references to a fraudulent discharge be removed from your records.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 25 April 2002. Your allegations of error and
with administrative regulations and procedures
injustice were reviewed in accordance
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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 noted that you were discharged from the Marine
Corps in 1945 by reason of physical disability because of flat feet.
You applied for
enlistment in the Marine Corps Reserve on 5 April 1948, and were accepted without being
required to undergo a physical examination to determine whether you were physically
qualified for enlistment. You completed an application for enlistment on that date in which
you falsely denied having been previously discharged from the Armed Forces by reason of
physical disability. You also indicated that you had not applied for, nor were you in receipt
of, disability compensation from the Veterans Administration (VA). A copy of the
application is enclosed for your perusal.
your discharge from the Marine Corps.
It did not amount to a disclosure of the basis for
In view of the foregoing, your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
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
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