DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8827-08
20 July 2009
This ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 14 July 2009. The names and votes of the
members of the panel will be furnished upon request.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 30 September 1982 at age 18
and began a period of active duty on 27 January 1983. On 7
February 1983, while in recruit training, you were referred for a
medical evaluation due to your complaint of a knot in your groin
area and a mass in your scrotum posterior. At that time you
reported that you had been seen by civilian doctors for this
condition prior to your entry in the Marine Corps. Subsequently,
you were diagnosed with a hernia and recommended for an
administrative separation. You were also advised to have surgery
to repair the hernia after your separation.
You were processed for an administrative separation by reason of
convenience of the government due to the diagnosed physical
disability that existed prior to your entry in the Marine Corps.
On 15 February 1983 a medical board recommended separation due to
your Category III disability as evidenced by the diagnosed
inguinal hernia. On 28 February 1983 the separation authority
directed an uncharacterized entry level separation by reason of a
physical disability, and on 1 March 1983 you were so separated
and assigned an RE-3F reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your period of service. It also
considered your assertion that your narrative reason for
separation should be changed since you developed a double hernia
while in recruit training. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change in the
characterization of your service or your narrative reason for
separation. Further, there is documented evidence in the record
which reflects that your physical disability existed prior to
your entry in the Marine Corps. Finally, an uncharacterized
entry level separation is authorized by regulatory guidance and
normally assigned to Marines who have not completed recruit
training. Accordingly, your application has been denied.
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,
LD oa }
W. DEAN PPETREF
Executive Di r
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