DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 3091-08
27 May 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 20 May 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 Marine Corps on 15 April 1968. Based on your
service in Vietnam you were awarded the Navy Commendation Medal
with Combat "V", the Purple Heart, Combat Action Ribbon and other
service awards. You were released from active duty on 3 October
1969 under the provisions of an early release program with an
honorable characterization of service. At that time, you had
completed 1 year, 5 months and 15 days of active service.
Subsequently, you were issued an honorable discharge at the end
of your military obligation. It is clear that you should be
proud of your outstanding service while serving in Vietnam.
About 38 years after your release from active duty, you applied
to this Board contending that since you received an early release
from active duty and did not serve for 18 months, you were denied
extended educational benefits which were authorized in the
1970's. Although the details of those programs are no longer
available, it appears that if there was an 18 month service
requirement it was set forth in the law and you have been treated
no differently than all others in your situation. Please be
advised that the Vietnam Fra GI Bill ended on 31 December 1989
and no benefits are payable under that program for any education
pursued on or after 1 January 1990.
Since it appears that you have been treated no differently from
others in your situation and the educational program has been
terminated, the Board concluded that correction action in you
case is not warranted. 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,
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