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NAVY | BCNR | CY2009 | 07705-09
Original file (07705-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 07705-09
1 October 2010

 

 

Thee 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 23
September 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, available
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.

You served on active duty in the Marine Corps from 30 December 2008
to 6 February 2009, when you were discharged for the convenience of
the government due to an unspecified condition not a disability.
There ig no indication in the available records that you were
suffering from the effects of a traumatic brain injury at that time,
or that you were unfit for duty by reason of physical disability that
was incurred in or aggravated by your naval service. 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,

+ LXwoae!

W. DEAN PFHYF
Executive Dsrekko

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