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NAVY | BCNR | CY2007 | 01070-07
Original file (01070-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




JRE
Docket No. 01070-07
3 January 2008













This is in reference to your application fo r correction of youi 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 December 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 May 1969. On 5 May 1969, you sought medical care for a recurrent pilonidal cyst, which existed prior to your enlistment. On 20 May 1969, a medical board determined that you did not meet the minimum physical standards for enlistment because of the recurrent pilonidal cyst, and recommended that you be discharged without entitlement to disability benefits administered by the Department of the Navy. You were advised of the findings and recommendation of the medical board on 20 may 1969, and declined to submit a statement in rebuttal. You were discharged in accordance with the approved recommendation of the medical board on 27 May 1969.


In the absence of evidence which demonstrates that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your twenty-seven days of active service, the Boardwas unable to recommend corrective action in your case. 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 PFIEFFER
                                                                        Executive Director

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