DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 20370-5100
JRE
Docket No. 04381-03
4 August 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 1 0 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 17 July 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.
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 Navy on 2 August 1974.
As you were not making adequate progress in training, you were
referred for evaluation by an aptitude board. It was determined
that you were unsuitable for service because of such factors as
a lack of motivation, an inability to learn, and failure to put
forth sufficient effort. In addition, you were found to be
suffering from a personality disorder. As a consequence of
those findings, you were recommended for separation from the
Navy. Prior to your separation, you were advised to disclose
any conditions that you felt would disqualify you from the
performance of duty. You did not disclose any such conditions.
You were discharged by reason of unsuitability on 4 September
1974.
As there is no indication in the available records that you
sustained any significant injuries during your brief period of
military service, or were unfit for duty by reason.of a physical
disability incurred in or aggravated by your service, the Board
was unable to recommend that your record be corrected to show
that you were separated or retired by reason of physical
disability. It noted that the entry in item 22 of your DD Form
214 indicates that you were paid for three days of earned, but
not used leave. It does not indicate that you took three days of
leave as you believe.
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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