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NAVY | BCNR | CY2009 | 10895-09
Original file (10895-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JRE
Docket No. 10895-09
16 July 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 9 July
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.

You served on active duty in the Marine Corps from 13 November 2006
to 6 April 2007 when you were discharged for the convenience of the
government by reason of a personality disorder. As the available
records do not contain your discharge processing documents, or
establish that you were discharged by reason of a physical disability
that was incurred in or aggravated by your brief period of service
in the Marine Corps, the Board was unable to recommend that your
record be corrected to show that you were discharged 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.

If you believe that the reason and authority for your discharge should
be changed from the convenience of the government/personality
disorder to something other than physical disability, you should
complete the enclosed DD Form 293 and submit it to the Naval Discharge
Review Board. Your request for correction of the rank shown on your
DD Form 214 is administrative in nature and should be directed to
the Commandant of the Marine Corps (Code MMSB-10), 2008 Elliot Road,
Quantico, VA 22134-5030.

 

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,

\ Dade

W. DEAN P
Executive redgtor

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