DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10721-07
20 June 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER PVT, USMC, a
REVIEW OF NAVAL RECORD
Ref: (a) 10 U.S.C. 1552
Encl: (1) BCNR file
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, requested that the
Secretary direct that his naval record be corrected show, in
effect, that he was separated or retired by reason of physical
disability vice discharged by reason of erroneous entry because
of physically disqualifying conditions that existed prior to his
enlistment.
2. The Board, consisting of eR -..; Wile
Petitioner's allegations of error and injustice on 11 June 2008,
and pursuant to its regulations, determined that Petitioner’s
request should be denied.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies which were available under existing law
and regulations within the Department of the Navy.
b. After reviewing the contents of enclosure (1), which
includes Petitioner’s most recent submission, the Board
concluded that Petitioner did not submit any new material
evidence or other matter in support of his request for
corrective action. In addition, he failed to demonstrate that
he was unfit for duty by reason of physical disability that was
incurred in or aggravated by his naval service, or that he was
improperly discharged by reason of erroneous entry. In this
regard, the Board substantially concurred with the findings made
by the two panels of the Board which considered and denied his
request for corrective action on 18 April 1996 and 8 April 1999,
The findings of those panels are at tabs (a) and (b) in
enclosure (1).
CONCLUSION:
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.
RECOMMENDATION:
a. That Petitioner's request for correction of his naval
record be denied.
b. That a copy of this Report of Proceedings be filed at an
appropriate location in Petitioner's naval record,
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
AMES R. EXNICIOS
Acting Recorder
ROBERT D. ZSALMAN
Recorder
5. The foregoing report of the Board is submitted for your
review and action.
lo
¢
W. DEAN PFEIFFER
Reviewed and approved findings and recommendation of the Board:
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE:jdh
Docket No. 10721-07
4 September 2008
The Board considered your request for correction of your naval
record on 11 June 2008. a designated representative of the
Assistant Secretary of the Navy for Manpower and Reserve Affairs
conducted an independent review of the Board’s proceedings and
Enclosure
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