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NAVY | BCNR | CY2009 | 12048-09
Original file (12048-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100

 

CRS
Docket No: 12048-09
8 April 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 17 March 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.

The Board found that you enlisted in the Marine Corps on 25 July
1969. On 29 December 1971 you were placed on a weight program.
On 3 February 1972 you were counseled as to indebtedness. On 8
June 1972 your commanding officer recommended that you be
separated due to unsuitability/obesity. On 16 June 1972 you
received an honorable discharge by reason of unsuitability due to
apathy.

In its review of your application the Board carefully considered
your contention that your overall service was good and that you
should not have been discharged for apathy. The Board found that
contention insufficient to warrant a change in the reason for
your discharge. The Board noted that your record shows that you
never made a serious effort to lose weight. 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 entitied 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,

u) “DEAN PFEIF *

Executive Dir

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