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NAVY | BCNR | CY2009 | 04190-09
Original file (04190-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TAL
Docket No: 4190-09
8 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 24 February 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 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 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 4 December 1950. After completing only four weeks of
recruit training you were admitted to the post dispensary and on
11 January 1951, you were admitted to a U.S. naval hospital. On
24 May 1951, you were the subject of a medical board evaluation
that diagnosed you with Pulmonary Tuberculosis, a condition that
existed prior to entry into the service. The medical board
Stated in part, that accepted principles indicate that such a
disability may be of a permanent nature and that you were unfit
to perform the duties of your rank. You were notified of the
medical board recommendation that you be discharged by reason of
physical disability. On 8 June 1951, you were convicted by
summary court-martial of a 16 day period of unauthorized absence
{UA) from your unit. On 18 June 1951, the separation authority
approved your separation under honorable conditions due to
physical disability. On 19 June 1951, your commanding officer
submitted a presumption of fraudulent enlistment report that
revealed you erroneously enlisted in the Marine Corps having been
discharged from the Air Force by reason of physical disability.
On 2 July 1951, the separation authority waived the fraudulent
enlistment and deferred to the medical board decision to separate
you with a general discharge by reason of physical disability.

On 10 August 1951, you began a 41 day period of UA from your unit
until you were apprehended by civilian authorities on 20
September 1951. On 12 October 1951 you were separated due to
physical disability with a general discharge.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your diagnosis of pulmonary tuberculosis,
and the fact that you did not disclose that you had been
previously discharged from the Air Force by reason of physical
disability. 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,

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