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NAVY | BCNR | CY2007 | 07183-07
Original file (07183-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 07183-07

22 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. You requested correction of
your DD Form 214 to reflect the actual dates of your two periods

of service in Vietnam. In addition, you requested correction of
your health record to show that you had hernia, and received a
shrapnel wound to your left shoulder during a rocket attack.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 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.

As a preliminary matter, the Board noted that your record
already shows that you received treatment for an inguinal hernia
during your period of service in the Marine Corps. In addition,
officials at Headquarter, Marine Corps, have issued you a DD
Form 215, to show reflect the correct dates of your two tours of

duty in Vietnam

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 with regard to your remaining request. In
this regard, the Board was unable to accept you uncorroborated
assertion that you received a shrapnel wound in a rocket attack.
There is no indication in your official military personnel file
that you were wounded in action as you contend. 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 P

Executive D Xr

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