DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RESORT
2 NAVY ANNEX
WASHINGTON DC 20370-5100 Docket No: 396-09
30 April 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 21 April 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.
You enlisted in the Marine Corps on 12 May 2003 at age 19. On 3
September 2004, your brother was killed in action in Iraq.
Subsequently, you requested release from active duty because you
were the sole surviving member of your family. This request was
granted and you were released from active duty on 20 December
2004. The narrative reason for your separation was "surviving
family member" with a separation code of MCQl.
You desire a change in the separation code because it is
preventing you from enlisting in the National Guard apparently
because the regulations prevent the enlistment of individuals in
your situation. It is clear from documents in your file that you
could have remained on active duty but elected to be released.
Further, the Board noted that even if the separation code and
narrative reason were changed, that you would still be a
surviving family member and this information would either be
available or should be disclosed to recruiters.
The Board concluded that the narrative season and separation code
were properly assigned and no change is warvanted.
Accordingly, your application has been denied. The nemes 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,
Nahe
W. DEAN
Tecutive. r
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