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NAVY | BCNR | CY2002 | 01450-01
Original file (01450-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

JRE
Docket No: 1450-01
23 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.

 

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 May 2002. 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 24 July 1969  to 4
June 1970, when you were discharged under honorable condition by reason of unsuitability.
The discharge was based, in part, on the results of a psychiatric evaluation you  underwent on
12 May 1970 which indicates that you had a long history of family instability, poor school
adjustment, trouble with the law, and unstable relationships. In addition, you had tended to
At the time you underwent the
lose control of your emotions and impulses in the past.
evaluation, you were hospitalized on for evaluation of residuals of an automobile accident,
and it was unclear whether your symptoms were
You underwent a pre-separation physical examination on 2 June 1970, and were found
physically qualified for discharge. On 27 November 1970, the Veterans Administration (VA)
awarded you a 0% rating for post traumatic headaches. Despite the basis for your discharge
from the Marine Corps, you enlisted in Army National Guard on 6 October 1973, and served
in that organization until  
effective 11 June 1999.

5 June 1992. The VA awarded you a 30% rating foi headaches

“real problenis or psychogenic in nature ”.

‘lile Board was not persuaded that you were unfit for duty at the time of your discharge from
the Marine Corps. Although you complained of headaches, they were not severe enough to
have precluded you from performing your duties, and you were considered fit for duty. In
addition, VA records indicate that your headache condition was minor in nature, and your
were physically qualified for enlistment in the National Guard, and served successfully for
more than 18 years thereafter.

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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