DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04168-09
22 March 2010
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 16 March 2010. 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 alli 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice. :
You enlisted in the Marine Corps and began a period of active
duty on 13 May 1985 at age 19. On 28 May 1985, a mental health
evaluation was conducted, and it was determined that you had a
retinal degeneration bilaterally that existed prior to your entry
into the service. On 3 June 1985, a Medical Board found that you
had a non-acceptable defect and recommended separation from the
service. Based on the evaluation and Medical Board, you were
processed for separation by reason of a physical disability that
existed prior to your entry onto active duty. On 17 June 1585,
you were discharged with an entry level separation.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and short
period of service. Nevertheless, the Board found that these
factors were not sufficient to warrant a change in your
characterization of service. In this regard, the Board noted
that you were notified of your separation processing within 180
days of the beginning of your period of active service. Navy
regulations authorize an uncharacterized entry level separation
if the processing of a Marine begins within 180 days of his entry
on active duty. 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,
ON
W. DEAN PFAAF
Executive Directo
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