DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01942-10
5 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 1 April 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 recore 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 2 June to 23
July 2009, when you were discharged by reason of fraudulent
entry. The facts and circumstances of your separation are not
shown in the available records.
The Board noted that somnambulism is not considered to be a
disability under the laws administered by the military
departments. As there is no indication in the available records
that you were unfit to reasonably perform your military duties
by reason of a physical disability that was incurred in or
aggravated by your service, there is no basis for granting your
request for correction of your record to show that you were
discharged by reason of physical disability. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
If you believe that the basis of your discharge should be
changed from fraudulent entry to something other than physical
disability, such as erroneous entry or convenience of the
government, perhaps, you should complete the enclosed DD Form
293 and submit it to the Naval Discharge Review Board.
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,
> Das |
W. DEAN PF
Executive Dive r
Enclosure
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