DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JR E
Docket No:
19 December 2002
450502
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 15 November 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 enlisted in the Marine Corps on 29 may 1969. You received
nonjudicial punishment on two occasions for absence offenses and disobedience, and
requested discharge in lieu of trial by court-martial of unauthorized absences of 207 days
duration. You underwent a pre-separation physical examination on 29 December 1970, and
were found physically qualified for discharge. You were discharged under other than
honorable conditions on
5&mtary 1971, in accordance with your request.
The Board could find no indication in the available records that you were “offered” a medical
separation or retirement at any time during your military service, or that you were unfit to
perform your duties by reason of physical disability.
It noted that even if you had been unfit
for duty, you would not have been entitled to disability evaluation, because your discharge in
lieu of trial by court-marital would have precluded such evaluation. 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 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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