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NAVY | BCNR | CY2007 | 08647-07
Original file (08647-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                           TRG
         Docket No:8647-07
         27 February 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 20 February 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 on 10 June 1968 at age 17. The record shows that you completed initial training and on 30 December 1968 you reported to your unit in Vietnam. While in Vietnam you participated in combat operations. Sometime in April 1969, you were evacuated from Vietnam with a provisional diagnosis of Disassociate Reaction. On 29 April 1969 you were admitted to a naval hospital. On 9 Nay 1969 a medical board confirmed a diagnosis of immature personality and recommended your discharge from the Marine Corps. You were issued a general discharge on 23 June 1969. At that time you had completed 1 year and 14 days of active service.
You contend in your application that you were actually discharged on 23 August 1970 and want your DID Form 214 corrected to show that date. However, as indicated, the record clearly shows that you were discharged on 23 June 1969. Therefore, the Board concluded that you were properly discharged on 23 June 1969 and a correction to your record to show otherwise is not warranted.
Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
 Although not stated in your application, the Board speculated
that you were requesting a correction to the date of your discharge to establish eligibility for veterans’ benefits. At the time of your service an individual qualified for benefits with only six months of active duty. Subsequently, the length of service requirement changed to two years. A copy of your DD Form 214 is enclosed for your future use.
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.




                                                              
W.       DEAN PFEIFFER
 Executive Director



















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