DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRI
Docket No. 07952-09
29 September 2010
Ct
—
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
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, 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.
In this regard it noted that you were discharged from the Marine Corps
Reserve on 16 June 2006 for failing to satisfactorily participate
in Marine Corps Reserve training after 4 March 2005. Due to the basis
of your discharge, you were ineligible for discharge by reason of
physical disability and/or not being physically qualified for
further service in the Marine Corps Reserve. The information you
submitted concerning your medical condition and administrative
status in 2002 and 2003 was not considered to be probative of the
existence of error or injustice in connection with your discharge
in 2006. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
The Board did not consider the issue of the appropriateness of the
characterization of your service as under other than honorable
conditions because you failed to exhaust an available administrative
remedy by applying to the Naval Discharge Review Board for upgrade
of your discharge.
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,
W. DEAN PFEL
Executive Director
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