DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRI
Docket No. 06833-10
18 April 2011
OG
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. You requested that your record be corrected to
show that you enlisted in the Marine Corps on 15 August 1974, and
were discharged by reason of physical disability.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 7 April
2011. 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.
Enclosed is a copy of your enlistment contract, which establishes
that you enlisted on 20 August 1974, rather than on 15 August 1974
as you contend. Accordingly, your request for correction of the date
of your enlistment has been denied.
With regard to your request for correction of the reason and authority
for your separation, the Board noted that in accordance with
regulations if effect in 1974, the reason and authority for
separation were not listed in your copy of the DD Form 214 you were
issued at separation; however, the service copy of that form which
is filed in your record contains the following entry in item 9c,
Reason and Authority for Separation: “MARCORSEPMAN 277". That entry
indicates that you were separated by reason of physical disability
without entitlement to severance pay. A copy of that form is
enclosed.
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,
la |
W. DEAN PFE
Executive D r
Enclosure
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