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NAVY | BCNR | CY2007 | 01490-07
Original file (01490-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                             TRG
         Docket No: 1490-07
         6 September 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 28 August 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.
You enlisted in the Marine Corps on 14 February 1995 for four years, and then served in an excellent manner for almost four years. On 17 December 1998, you were transferred from Hawaii to California for separation processing. Subsequently, you consented to an early release from active duty and acknowledged that entitlement to pay and allowances and credit for active federal service ended on the date of release from active duty. You were released from active duty on 22 December 1998. At that time, you had completed 3 years, 10 months and 9 days of active service.
Regulations allow for an early release from active duty or expiration of enlistment for the convenience of the government up to 90 days early. Since you consented to early release and have been treated no differently than thousands of other, the Board could not find an error or injustice in your early release from the Marine Corps.
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,

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