DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00107-1090
26 March 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 25 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.
You enlisted in the Marine Corps on 12 February 1969. It
appears that your enlistment was fraudulent, in that you
concealed your history of intermittent atopic dermatitis when
you applied for enlistment. The report of a medical board which
convened on 11 September 1969 indicates that you disclosed a
history of intermittent atopic dermatitis since the age of
three. The medical board gave you a diagnosis of atopic
dermatitis that existed prior to your enlistment and was not
aggravated by your service, and recommended that you be
discharged without entitlement to disability benefits
administered by the Department of the Navy. After being advised
of the findings and recommendation of the medical board, you
declined to submit a statement in rebuttal thereto. In
addition, you waived your right to a hearing before a physical
evaluation board, and requested that you be discharged as soon
as possible. You were discharged in accordance with your request
and the approved findings and recommendation of the medical
board on 1 October 1969.
In view of the foregoing, and as you have not demonstrated that
you met the criteria for the award of the Combat Action Ribbon
during the twelve days you served in Vietnam, 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,
Loud
W. DEAN P F
Executive D thor
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