DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
sJN
Docket No: 04292-09
8 April 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, section 1552.
R three-member panel of the Roard for Correction of Naval
Records, sitting in executive session, considered your
application on 30 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 the evidence submitted was insufficient
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 7 November 1966 at age 18. On 21 November 1966, a
medical board found that you had a lower left leg injury that
existed prior to entry santo the service and recommended that you
be administratively separated from the service. The report
further stated, in part, that you made a statement that you
injured your leg sn a motorcycle accident on the day you were to
report for your induction physical, and later it was discovered
that the wound had failed to heal. At that time, it was
recommended that you be separated from the service. Based on the
medical evaluation, you were processed for separation by reason
of erroneous enlistment due to your pre-service injury. On 30
November 1966 you were honorably discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
relatively short period of service. Nevertheless, the Board
found that these factors were not sufficient to warrant changing
the reason for your discharge given the medical board’s findings
and recommendation. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Tt 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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