DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 04415-09
10 June 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 4 June 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 4 April
1994. Your enlistment was fraudulent, in that you concealed
your history of back injuries and low back pain. On 10 January
1995, a medical board determined that you did not meet the
minimum physical standards for enlistment because of your
persistent low back pain; - and recommended-that -you be discharged
Without entitlement to disability benefits. The medical board
report also indicates that you were not motivated to continue in
the Marine Corps and you felt that you were unable to perform
your duties. On 26 January 1995, you waived your right to have
your case considered by a physical evaluation board, and
requested that you be discharged from the Marine Corps as scon
as possible, without disability benefits. You were discharged on
24 February 1995 in accordance with your request and the
approved findings and recommendation of the medical board.
As you have not demonstrated that you were unfit for duty by
reason of physical disability that was incurred in or aggravated
by your naval service, the Board was unable to recommend any
corrective action in your case. 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 igs 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,
ons
W. DEAN PF
. Executive oO
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