DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 06208-09
14 August 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 6 August 2009. Your ailegations 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 17
December 1970. It appears that your enlistment was fraudulent,
in that you concealed your disqualifying history of treatment
for a mental disorder. On 22 February 1971, a medical board
gave you a diagnosis of schizophrenia that was not incurred in
or aggravated by your service, and it recommended that you be
discharged without entitlement to disability benefits. On al
February 1971, after being advised of the findings and
recommendation of the medical board, you requested that you be
discharged as soon as possible without entitlement to disability
retirement or severance pay or any compensation whatsoever from
the Department of the Navy. You were discharged in accordance
with your request and the approved recommendation of the medical
board on 9 April 1971. On 19 August 1977, the Veterans
Administration denied your request for service connection for
schizophrenia and a deviated nasal septum.
In view of the foregoing, and as you have not demonstrated that
you were unfit for duty by reason of physical disability that
was incurred in or aggravated by your brief period of service,
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,
Executive Di
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