DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 2801-08
15 January 2009
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 13 January 2009. 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 Navy on 27 February 1970 and were honorably
discharged on 22 April 1970 by reason of unsuitability. You
enlisted in the Marine Corps on 2 December 1974 without
disclosing your prior service in the Navy. When your prior
service was discovered, you were processed for discharge due to
fraudulent enlistment. On 27 January 1975, the separation
authority directed a general discharge and you were so discharged
on 31 January 1975.
In your application, you are requesting that the date of your
discharge from the Marine Corps be changed from 31 January 1975
to 1 April 1975. Your reasons for this request are not stated in
your application, but you apparently believe that if the change
is made you will be eligible for some benefit.
As indicated in the foregoing, the separation authority approved
your separation on 27 January 1975 which is certainly consistent
with a discharge four days later on 31 January 1975. Since no
other documentation is available, the Board concluded that you
were properly discharged from the Marine Corps on 31 January
1975.
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,
Lo vasStlad
W. DEAN P R
Executive restor
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