DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12621-09
9 August 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 5 August
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, and applicable statutes,
regulations and policies. The Board was unable to locate your naval
record, which is presumed lost.
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 concluded that the determination of an official of
a U.S. District Court judge that you were totally disabled on
“96/01/1981” due to the effects of Agent Orange, and that on 25
February 2002, the Department of Veterans affairs, after resolving
doubt in your favor, granted your request for service connection for
conditions that might be traceable to your period of naval service,
are insufficient to demonstrate that you were unfit for duty by reason
of physical disability when you were released from active duty in
the Marine Corps in 1970 and entitled to disability retirement of
separation. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished upon
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.
as
Sincerely,
\p , k
W. DEAN R
Executive or
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