DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06270-08
29 July 2008
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 24 July 2008. 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 enlisted in the Marine Corps on 8 April
1957. ON 28 May 1957, a board of medical survey (BMS)
determined that you were unfit for service because of
symptomatic sickle cell anemia, which existed prior to your
enlistment and was not aggravated by your naval service. The
BMS recommended that you be discharged by reason of physical
disability without entitlement to disability benefits
administered by the Department of the Navy. On 28 May 1957,
after being advised of the findings and recommendation of the
BMS, you waived your right to a hearing before the Physical
Evaluation Board, and requested that you be administratively
discharged as soon as possible, without entitlement to
disability retirement or severance pay. You were discharged in
accordance with your request and the approved recommendation of
the BMS on 6 June 1957.
The Board did not accept, your contention to the effect that you
would have been retained on active duty if current disability
standards been in effect in 1957. Accordingly, and as you have
not demonstrated that you were discharged in error, 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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