DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 09385-08
20 July 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 July 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 in the Marine Corps from 18
December 1975 to 27 May 1976, when you were discharged by reason
of minority after it was determined that you had enlisted at age
17 without the permission of your custodial parent. Although you
sustained a minor stress fracture during your period of service,
you were considered fit for separation. On 10 December 1976,
the Veterans Administration (VA) awarded you a 0% rating for the
minimal residual effects. of the stress fracture.
In the absence of evidence which demonstrates that you were
unfit for duty by reason of physical disability at the time of
your separation, the Board was unable to recommend any
corrective action in your case. In addition, the Board noted
that the issue of your possible entitlement to disability
compensation for any deterioration of your condition that may
have occurred following your discharge is a matter within the
purview of the VA rather than the Department of the Navy.
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,
Won
W. DEAN PF
Executive Dixyector
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