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NAVY | BCNR | CY2005 | 10503-05
Original file (10503-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



JRE
Docket No. 10503-05
20 March 2007





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 1 March 2007. 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 1 March 1965. On 26 March 1965, a Board of Medical Survey (BMS) determined that you were unfit for duty because of a congenital disorder of your spine that was not aggravated by your service, and recommended that you be discharged without entitlement to disability benefits administered by the Department of the Navy. You apparently agreed with the BMS, as you did not submit a statement in rebuttal to its findings and recommendation, and you waived your right to appear before a physical evaluation board. In addition, you requested that you be discharged from the Marine Corps as soon as possible, without entitlement to disability retirement or severance pay. You were discharged in accordance with your request and the approved findings and recommendation of the BMS on 31 March 1968.

As you have not demonstrated that you were unfit for duty by reason of a physical disability that was incurred in or aggravated by your brief period of naval service, there is no basis for granting your request. 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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