DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 7650-07
31 January 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 24 January 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
together with all material submitted in support
regulations
Board.
your application,
thereof, your naval record and applicable statutes,
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 Delayed Entry Program (DEP) of the Marine
Corps Reserve on 7 February 1975 at age 18. On 4 August 1975 you
enlisted in the Regular Marine Corps for four years. On 3 August
1979 you were released from active duty with your service
characterized as honorable. Subsequently, you were issued an
honorable discharge at the end of your military obligation.
You have submitted documentation showing that you are being
denied retirement credit by the State of New York because you did
not serve on active duty during the Vietnam Era. The Vietnam Era
is the period from 28 February 1961 to 7 May 1975. You are
requesting that your record be corrected to show that you were on
active duty during the period at issue. You point out that you
entered the DEP on 7 February 1975 and were delayed in reporting
to active duty until 4 August 1975 without good cause or warning
of loss of benefits.
The DEP program was used at the time of your enlistment and is
used now to spread out the flow of accessions of new recruits on
active duty. When you enlisted in the DEP, you agreed that you
would not report to active duty until a later date. It is clear
that a Marine Corps recruiter in 1975 would not have any
knowledge of a possible benefit loss 30 years later. As
indicated, you did not enlist in the Regular Marine Corps until
4 August 1975. Since there is no error in your record, there is
no basis for the relief you seek.
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,
\gSdoaes
W. DEAN P H
Executive Dil
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