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NAVY | BCNR | CY2006 | 03769-06
Original file (03769-06.rtf) Auto-classification: Denied
                                             DEPARTMENT OF THE NAVY
                   BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-51OO

 JRE
Docket No. 03769-06
14 May 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 10 May 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 served on active duty in the Marine Corps from 11 September 1974 to 11 December 1981, when you were discharged under other than honorable conditions, for the good of the service in lieu of trial by court martial for lengthy absences without authority. You incurred more than nineteen hundred days time lost during your enlistment.
The Board found that although you suffered from a thyroid disorder which may have rendered you unfit for duty, you were not entitled to be separated or retired by reason of physical
disability cause discharge in lieu of trail by court-martial precluded disability processing in your case. In addition, as the condition clearly existed prior to your enlistment, and there is no evidence of service aggravation, it is unlikely that you would have been entitled to disability benefits even if you had not requested discharged for the good of the service.

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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