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NAVY | BCNR | CY2009 | 11116-09
Original file (11116-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BUG
Decket No: 11116-09
2 August 2010

 

 

This is in reférence 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 28 July 2010. Your allegations of error and
injustice wére 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 entered active
duty in the Marine Corps on 15 October 1966. You were
honorably discharged on 13 October 1969. You are now
requesting that your record reflect that you were “slightly
wounded” above the left eye during a rocket attack in Vietnam
during May 1968. In its review of your application, the Board
carefully considered all mitigating factors, such as your
combat service in Vietnam. However, the Board was unable to
find that the alleged eye witness statement from Dr.D--- should
be filed in your record because it is illegible and there is no
other evidence to corroborate that you were wounded. In view
of the above, 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,

Doo :

W. DEAN P
Executive Bi tor

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