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NAVY | BCNR | CY2007 | 05342-07
Original file (05342-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 JRE
 Docket No. 05342-07
2 June 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 30 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 served on active duty in the Marine
Corps from 29 September 1976 to 28 September 1979, when you were
released from active duty and transferred to the Marine Corps
          Reserve.
The Board did not accept your unsubstantiated contentions to the effect that you participated in secret rescue missions which consisted of your parachuting into the jungles of North Vietnam to rescue American pilots, and that you contracted a “prolonged
 illness” at that time, which still exists today. The Board noted that you were not jump qualified. In addition, the Paris Peace Accords were signed, and American POWs freed, approximately three years before you enlisted in the Marine Corps, and US forces and embassy personnel left Vietnam in April 1975, upon the fall of Saigon.
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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