DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 06985-10
29 April 2011
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 28 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. In addition, the
Board considered the enclosed advisory opinion furnished by
direction of the Commandant of the Marine Corps.
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 19 August to 29
October 2002, when you were discharged for the convenience of the
government by reason of a condition not a disability, with an
uncharacterized entry level separation (ELS). You reenlisted in the
Marine Corps on 19 October 2004, and served until 16 November 2004,
when you were once again discharged for the convenience of the
government with an uncharacterized ELS.
The available records do not demonstrate that you were unfit for duty
by reason of physical disability that was incurred in or aggravated
by either of your brief periods of service in the Marine Corps. Those
records do show, however, that you had experienced back pain since
sustaining an injury several years prior to reenlisting. You were
not entitled to a characterized separation because you did not
complete a total of more than 180 days of active service. In
addition, as you had lengthy a break in service between your two
enlistments, you would have been in an entry level status during your
second enlistment even if you had completed more than 180 days or
more of active service during your first enlistment.
In view of the foregoing, your application has been denied. The
names and votes of the members of the panel will be furnished upon
request. The Board did not consider your requests for administrative
correction of your DD Form 214 as you have not exhausted an available
administrative remedy in that submitting those requests to the
Commandant of the Marine Corps.
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,
Ls Danby.
W. DEAN PFE E
Executive Di
Enclosure
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