DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10883-10
5 August 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 4 August
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 enlisted in the Marine Corps on 17 December 2007. It appears
that your enlistment was fraudulent in that you procured it by
wrongfully concealing your pre-service history of psychological
disorders and treatment therefor. You were discharged by reason of
physical disability on 30 March 2009, without entitlement to
disability benefits administered by the Department of the Navy,
‘pursuant to the approved findings of the Physical Evaluation Board
that you were unfit for duty because of schizoaffective disorder
which existed prior to your enlistment and was not aggravated by your
naval service.
In the absence of evidence which demonstrates that the mental
disorder that caused you to be discharged by reason of physical
disability was incurred in or aggravated by your period of naval
service, the Board was unable to recommend favorable action on your
request. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
The Board noted that the narrative reason for separation shown on
your DD Form 214 is incorrect, as you were discharged by reason of
physical disability vice personality disorder. You should contact
Headquarters, U.S. Marine Corps, Deputy Chief of Staff for Manpower
and Reserve Affairs, Separation Section, 3280 Russell Road,
Quantico, Virginia 22134-5103, to request correction of your DD Form
214.
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 b PF
@
Executive D
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