DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8235-07
7 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 22 April 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.
You enlisted in the Marine Corps Reserve on 11 December 1972 at
age 19. On 15 December 1972 you reported for recruit training.
Apparently, you had trouble adjusting and were referred for an
evaluation, which resulted in a recommendation for discharge by
reason of unsuitability. A subsequent aptitude board noted your
low score on the aptitude test and also recommended discharge by
reason of unsuitability. After review, the discharge authority
directed an honorable discharge by reason of unsuitability and
you were so discharged on 9 February 1973. At that time, you had
completed one month and 25 days of active service and four days
of inactive service.
In your application you contend that your actually served more
than 59 days. As indicated in the foregoing summary of your
service, the record Clearly shows that you only served on active
duty for one month and 25 days. Therefore, there is no basis for
a change in the length of your service.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
November 1953. You have submitted a birth certificate from the
State of West Virginia which purports to show that you were born
on 11 February 1953. However, several documents in the record,
which were signed by you, including your enlistment contract and
DD Form 214 show that you were born on 2 November 1953. Several
other documents show that you were born on 11 February 1953.
Please be advised that a change in a date of birth can be
accomplished administratively by the custodian of the record upon
presentation of proper evidence. Therefore, if about an eight
month change in your date of birth is important, you should
complete the enclosed Standard Form 180 and send it to the
National Personnel Records Center at the address indicated on the
form. You should wait several months to allow your record to be
returned by the Board to file in the Records Center.
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 Die
Enclosure
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