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NAVY | BCNR | CY2009 | 03472-09
Original file (03472-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 03472-09
il 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 om 16 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.

The Board found that you were discharged from the Marine Corps
Reserve on 20 December 2007 because of syncope (fainting
spells), a condition that rendered you not physically qualilfied
for further service. You were assigned a separation program

designator of JFR3, to indicate that you were discharged without
entitlement to military disability benefits.

The Board concluded that although you experienced an episode of
fainting during a Marine Corps Reserve drill period, and that
the Department of Veterans Affairs granted you a 0% disability
rating for exercise induced hypotension with syncope because of
that episode, the Board was not persuaded that you were unfit
for duty by reason of physical disability that was incurred in
or aggravated by your service in the Marine Corps Reserve.
Accordingly, the Board denied your request for correction of
your record to show that you were retired by reason of physical
disability or separated with entitlement to disability severance
pay. 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,

rmsd Se
ROBERT D.-ZSALMAN

Acting Executive Director

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