DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4949-07
6 August 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 5 August 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. In addition, the Board considered an advisory
opinion furnished by Headquarters Marine Corps, a copy of which
is enclosed and the documentation you submitted in rebuttal.
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.
In reaching its decision, the Board was aware that regulations
state that a retirement date will only be modified for medical
reasons if the individual requires hospitalization as an
inpatient or upon acceptance of a medical board by the President
of the Physical Evaluation Board. Neither exception was in
effect at the time of your retirement. The Board noted the
documentation you submitted showing that the doctors had placed
you on medical hold. However, the Board believed that these
entries probably occurred because the hospital was unaware of
your status or that medical personnel did not have knowledge of
this arcane provision of the regulations. Further, it is clear
that you were aware that you had been retired and knew or should
have known that this was a permanent change in your status.
Since you have been treated no differently than others in your
Situation, the Board substantially concurred with the comments
contained in the advisory opinion.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
A review of your record reveals that a DD Form 214 documenting
your retirement is not filed in your record. You state that you
do not have a copy of the DD Form 214 either. In order to obtain
a DD Form 214 you should contact Headquarters Marine Corps (MMSB-
12) and request that a DD Form 214 be prepared and issued to you.
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 PFEI
Executive Dire a
Enclosure
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