DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03898-10
4 May 2010
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 gerved on active duty in the Marine Corps from 9 to 24
August 2004, 4 period of 16 days. You were discharged by reason
of fraudulent entry based on your belated disclosure of a
history of disqualifying medical information that you concealed
when you applied for enlistment. That you now deny having a
history of those conditions, and that there is no evidence that
you currently suffer from them, is insufficient to demonstrate
that you were discharged in error. As it appears that you lied
in order to procure your enlistment, or that you lied in order
to obtain an early discharge from the Marine Corps, and as you
have not demonstrated that you were unfit for duty by reason of
physical disability that was incurred in or aggravated by your
brief period of service, it would not be in the interest of
justice to recommend any 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,
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