DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07776-09
1 November 2010
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
October 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 served on active duty in the Marine Corps from 16 June to 4 October
1967, when you received an undesirable discharge by reason of
misconduct due to your fraudulent entry into the Marine Corps.
Following your discharge, the Department of Veterans Affairs awarded
you a combined disability rating of 0% for residuals of a bilateral
condition of your upper extremities.
The Board could not find any indication in the available records that
you were unfit for duty by reason of physical disability on 4 October
1967. It noted that you would not have been entitled to disability
separation or retirement even if you had been unfit for duty because
your discharge by reason of misconduct would have taken precedence
over and precluded disability evaluation processing. In addition,
the Board was not persuaded your discharge by reason of fraudulent
enlistment was erroneous or unjust, or that it would be in the
interest of justice for the Board to upgrade your discharge.
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,
W. DEAN pny
Executive Di
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