DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 1659-106
22 March 2010
This ig 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 11, 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 ail 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 served on active duty in the Marine Corps from 17 April to 6
dune 2006, when you were discharged by reason of fraudulent
entry due to your failure to disclose disqualifying information,
such as yourhistory of a suicide attempt and psychiatric
treatment. Following your discharge, the Department of Veterans
Affairs denied your request for service connection for a hernia
and bilateral leg fractures.
As the available records do not substantiate your contention to
the effect that you were unfit for duty by reason of physical
disability that was incurred in or aggravated by your brief
period of naval service, there is no basis for granting your
request for disability separation or retirement. In addition, as
you were the source of the information in your record concerning
your criminal history, there would be no basis for removing that
information even if you were to establish that it is erroneous.
In view of the foregoing, 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,
W. DEAN R
Executive tor
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