DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100
Docket No. 02304-09
19 May 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 14 May 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 Marine Corps on 23
March 1992. You were released from active duty on 31 July 1994,
and transferred to the Temporary Disability Retired List (TDRL)
because of a low grade carcinoma of the soft palate. As you
failed to report for a final periodic physical examination, the
President, Physical Evaluation Board, removed your name from the
TDRL and directed that you be discharged without entitlement to
disability benefits administered by the Department of the Navy.
The Board could not find any indication in the available records
that you failed to undergo a final periodic physical examination
through no fault of your own or due to circumstances beyond your
control, and it was not persuaded that it would be in the
interest of justice to excuse your failure to undergo that
examination. 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,
RLS
ROBERT D. SALMAN
Acting Executive Director
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