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NAVY | BCNR | CY2009 | 11204-09
Original file (11204-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TJIR
Docket No: 11204-09
2 September 2010

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 September 2010. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
IDTUBELCE .

You enlisted in the Marine Corps on 18 April 1959 at age 17. The
record contains a medical board report dated 7 May 1959 which
reflects that after being referred for an evaluation due to
edematous legs, you were diagnosed with malunion of fractures of
both tibiae and fibulae, a condition that existed prior to your
enlistment. Because of this condition, you did not meet
enlistment standards and were disqualified for useful duty. At
that time you were recommended for an administrative separation.

Subsequently, you were processed for an administrative separation
by reason of unfitness due to a preexisting physical disability,
specifically, diagnosed malunion of fractures of both tibiae and
fibulae. Your commanding officer recommended discharge under
honorable conditions. The discharge authority approved this
recommendation and directed discharge under honorable conditions.
On 13 May 1959, while serving in the rank of private, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
the recharacterization of your discharge because of your limited
term of service, specifically, less than 180 days, and failure to
complete recruit training. Finally, the Board concluded that the
foregoing reasons were sufficient to support your discharge under
honorable conditions. Accordingly, your application has been
denied.

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,

Wheat

W. DEAN
Executive Diuxe

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