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NAVY | BCNR | CY2007 | 04832-07
Original file (04832-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100





 JRE
 Docket No. 04832-07
16 May 2008












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 15 May 2008. 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 3 March 1967. You received nonjudicial punishment on 14 June 1968 for a twelve day absence without authority. The punishment consisted of reduction to private, E—l. On 9 July 1968 a medical board gave you a diagnosis of asthma with bronchitis, existed prior to enlistment, not service aggravated, and recommended that you be discharged without entitlement to disability benefits administered by the Department of the Navy. You accepted the findings and recommendation of the medical board, waived your
 right to a hearing before a physical evaluation board, and requested that you be administratively discharged as soon as possible. You were discharged on 26 July 1968, in accordance with your request and the approved findings and recommendation of the medical board. As your conduct mark average of 3.5 was below the minimum average required for a fully honorable discharge, you were discharged under honorable conditions, with a general discharge. On 21 September 1982, the Naval Discharge Review Board denied your request for upgrade of your discharge to honorable.
The Board did not accept your contention to the effect that your discharge should be upgraded to honorable based the passage of time since your discharge from the Marine Corps. The Board concluded that as you have not demonstrated that your asthmatic condition was incurred in or aggravated by your naval service, and that it would be in the interest of justice to upgrade your discharge to honorable, there is no basis for any corrective action in your case. Accordingly, your application has beerT 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,


ROBERT D. Z SALMAN
Acting Executive Director

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