BOA
—_
This is in reference
naval record pursuant
United States Code, séction 1552.
DEPARTMENT OF THE NAVY
RD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10149-07
19 August 2008
LO your application for correction of your
to the provisions of title 10 of the
A three-member panel df the Board for Correction of Naval
Records, sitting ine
ecutive session, considered your
application on 14 August 2008. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and proce
res applicable to the proceedings of this
Board. Documentary maltterial considered by the Board consisted
of your application, t
Support thereof, your
regulations and polici
After careful and cons
gether with all material submitted in
naval record and applicable statutes,
es.
rientious 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 ydu served enlisted in the Marine Corps on
23 October 2006. On 1d January 2007, you signed a statement in
which you acknowledged
that you suffered from shin pain, which
existed prior to your enlistment but was asymptomatic when you
underwent your pre-enlilstment physical examination. You were
discharged by reason of] erroneous entry die to the shin padi
which prevented you fro
readiness test.
VY ile OLliit Pain,
m successfully completing the physical
condition was disabling, or that you were unfit for duty by
reason of physical disability at the time of your discharge.
Accordingly, there is no basis for correcting your record to
show that you were separated or retired by reason of physical
disability, and your application has been denied. The names and
votes of the members of the panel will be furnished upon
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,
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NAVY | BCNR | CY2007 | 03620-07
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NAVY | BCNR | CY2007 | 09264-07
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