Search Decisions

Decision Text

NAVY | BCNR | CY2003 | 07680-03
Original file (07680-03.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-5100

         JRE
         Docket No. 07680-03
         21 May 2004


MR XXXXX

Dear Mr. XXXX:
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 13 May 2004. 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 was unable to accept your unsubstantiated contentions concerning the various injuries and illnesses you claim were incurred during your service in the Marine Corps. The Board noted that even if it were to assume that you were injured as you allege, you would not be entitled to the Purple Heart because your injuries were not the direct result of enemy action. The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability at the time of your discharge. The Board did not consider your request for administrative review and correction of your DD Form 214, as you have not exhausted an
 available administrative remedy by submitting that requests to the Commandant of the Marine Corps.
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 PFIEFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2010 | 06985-10

    Original file (06985-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 2011. You served on active duty in the Marine Corps from 19 August to 29 October 2002, when you were discharged for the convenience of the government by reason of a condition not a disability, with an uncharacterized entry level separation (ELS). Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • NAVY | BCNR | CY2001 | 07949-99

    Original file (07949-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. opinion furnished by the Military Awards Branch, Headquarters, Marine Corps, dated 27 April 2000, Documentary material considered by the Board consisted of together with all material submitted in support Your allegations of...

  • NAVY | BCNR | CY2006 | 07928-06

    Original file (07928-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 June 2007. In addition, it considered an advisory opinion dated 4 May 2007 that was furnished by Headquarters Marine Corps. In this regard, the Board was not persuaded that the notification of the preliminary findings of the Physical Evaluation Board (PEB) was mailed to an incorrect address.

  • NAVY | BCNR | CY2005 | 06153-05

    Original file (06153-05.rtf) Auto-classification: Denied

    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 underwent a pre-enlistment physical examination on 23 June 2001 and were...

  • NAVY | BCNR | CY1999 | Document scanned on Mon Sep 25 10_08_50 CDT 2000

    Original file (Document scanned on Mon Sep 25 10_08_50 CDT 2000.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 1999. The officials who rated your condition were required to choose one of the three options under finding (9) in order to establish your basic eligibility for disability benefits administered by the Department of the Navy. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the...

  • NAVY | BCNR | CY2005 | 08695-05

    Original file (08695-05.rtf) Auto-classification: Denied

    08695-05 6 November 2006This is in reference to your application for correction of your navalrecord 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, consideredyour application on 26 October 2006. Documentary material considered by the Board consisted of your application, together with all material submitted insupport thereof, yournaval recordandapplicable statutes,...

  • NAVY | BCNR | CY2010 | 04658-10

    Original file (04658-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. The condition was diagnosed as neuropathy of the right ulnar nerve which existed prior to your enlistment and was not aggravated by your service. 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.

  • NAVY | BCNR | CY2009 | 08264-09

    Original file (08264-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. 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. The statements he submitted cannot be used as a determining factor for a Purple Heart award.

  • NAVY | BCNR | CY2001 | 00177-01

    Original file (00177-01.pdf) Auto-classification: Denied

    Sincerely, W. DEAN PFEIFFER Executive Director 2 DEPARTMENT OF THE NAV HEADQUARTERS UNITED STATES MARINE CORPS ROA D 3280 RUSSELL QUANTICO, VIRGINIA 22134-51 0 Y 3 IN REPLY REFER TO: 1650 MMMA-3 30ctOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR) Subj: ADVISORY OPINION(S) IN THE CASE OF FORMER MARINE During the period he served in the Marine Corps, the Purple 1. a review of his service and medical records, Since there is no indication in the records of...

  • NAVY | BCNR | CY2001 | 04425-01

    Original file (04425-01.pdf) Auto-classification: Denied

    YOU are entitled to have the 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 Enclosure 2 DEPARTMENT OF THE NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1650 MMMA-3 7AugOl MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION...