DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 09714-08
25 February 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 12 February 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 enlisted in the US Marine Corps Reserve
(USMCR) on 17 November 1971, and served on initial active duty
for training from 18 November 1971 to 16 May 1972. You entered
on extended active duty on 2 October 1972. You underwent a pre-
separation physical examination on 23 September 1974 and were
found qualified for performance of duty at sea, on foreign
service and in the field. You did not disclose a history of any
medical or psychiatric conditions at that time, despite being
advised of your right to do so. The physician who examined you
did not record any significant conditions or defects in the
report of examination. You were released from active duty on 1
October 1974.
On 20 November 2007, the Department of Veterans Affairs (VA)
denied your request for service connection for twelve conditions
that it determined were not incurred in or aggravated by your
naval service. Among those conditions was alleged posttraumatic
stress disorder. The VA rating officials noted that you had
submitted an altered copy of a DD Form 214 which purported to
establish that you had served in Vietnam, when in fact you had
not served there. The rating officials did not accept your
false claims that you had been a member of "Recon Special
Forces”, who served in combat in Vietnam in “1971/72" and was
wounded in action.
The Board rejected your unsubstantiated contentions to the
effect that you served in Vietnam and that you were unfit for
duty by reason of physical disability that was incurred in or
aggravated by your naval service. Accordingly, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
The Board did not consider your requests for correction of the
military occupational specialty and an address shown on your DD
Form 214 as you have not exhausted an available administrative
remedy by submitting the requests to the Commandant of the
Marine Corps.
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,
W. DEAN P
Executive Di tor
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