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NAVY | BCNR | CY2008 | 05359-08
Original file (05359-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 05359-08
1 April 2009

 

 

This ig 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 19 March 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.

The Board found that you served on active duty in the Marine
Corps from 11 December 1974 to 15 July 1975, when you were
discharged by reason of unsuitability due to a personality
disorder, a condition that is not considered to be a disability
under the laws administered by the Department of the Navy.

In the absence of evidence which demonstrates that you suffered
from a physical or mental disorder that was incurred in or
aggravated by your brief period of naval service, and rendered
you unfit for duty by reason of physical disability, there is no
basis for correcting your record to show that you were separated
or retired by reason of physical disability. 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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