DEPARTMENTOFTHE NAVY
BOARD FOR C O R R E C T I O N OF N A V A L RECORDS
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
JLP:ecb
Docket No: 4649-03
15 October 2003
Dear FORMER PRIVATE-
1%
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 October 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 HQUSMC memorandum 1040 MRV dated 1 1 September 2003, 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 in
the advisory opinion. 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,
Enclosure
DEPARTMENT OF THE N A W
HEADQUARTERS U N I T E D STATES MARINE CORPS
3 2 8 0 R U S S E L L R O A D
QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3
IN REPLY REFER TO:
1040
MRV
SEP 1 1 2003
MEMORANDUM FOR THE.EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
3"bI
BCNR APPLICATION IN THE CASE OF FORMER
1. -stated
that he felt he was not properly informed on his
educational benefits and that it was a clear case of none disclosure on the
part of the government. He further stated that had he known about the 180
days of enlistment to be eligible he would have stayed in the Marine Corps.
is asking that he be given all benefits due to him had he
stayed in.
2 . After researching
was separated on an
of the information that caused the fraudulent enlistment. A servicemember
must serve 180 days of active duty to be eligible for educational benefits.
record, it has been discovered that he
t due to not informing his Recruiter
only served 1 month and 24 days in the Marine Corps.
3. Based on the information that has been provided, this office recommends
that no change be made to
record.
4. My point of contact for MGIB is GySgt-
reached at DSN 278-9550 or Commercial (703)/84-9550.
A
and can be
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