DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JR]
Docket No. 07349-10
29 Apral 2011
Cy]
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.
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 27 May 1970 to
19 April 1972, when you were separated from the Marine Corps with
an undesirable discharged based on your extensive disciplinary
record. Although your service spanned a period two years, 1 month
and 22 days, you completed only 10 months and four days creditable
service.
There is no indication in the available records that you were unfit
for duty by reason of physical disability that was incurred in or
aggravated by your service in the Marine Corps. You would not have
been entitled to disability separation or retirement in any case,
because your undesirable discharge processing would have taken
precedence over and precluded disability evaluation in your case.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice to upgrade your discharge, 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,
LD Dead
W. DEAN PF
Executive Di
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