DEPARTMENT OF THE NAVY
BCARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
JRE
Docket No. 02589-10
4 May 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 29 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 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 8 December 2008, and
underwent surgical correction of a stress fracture on 10 April
2009. A medical board was dictated but not referred to the
Physical Evaluation Board at your request because your father
was in the midst of a terminal illness and you wanted to return
home. You were discharged in accordance with your request on 7
August 2009 for the convenience of the government by reason of a
condition, not a disability, which interfered with your
performance of duty.
In the absence of evidence which demonstrates that you were
unfit to reasonably perform your duties by reason of physical
disability, and that your discharge for the convenience of the
government was erroneous, the Board was unable to recommend
corrective action in your case. 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 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,
domi Ph
W. DEAN P
Executive clor
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