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NAVY | BCNR | CY2003 | 04649-03
Original file (04649-03.pdf) Auto-classification: Denied
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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