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NAVY | BCNR | CY2010 | 11733-10
Original file (11733-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE .
Docket No. 11733-10
1i 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 il
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 served in the Marine Corps Reserve from i1 June 1973 to 31 October
1977, when you were discharged after being found not physically
Qualified for further service due to residuals of injuries you
sustained while in a non-duty status.

In the absence of evidence which demonstrates that you were unfit
for duty by reason of physical disability that was incurred while
you were entitled to basic pay or performing inactive duty training,
the Board was unable to recommend that your record be corrected to
show that you were separated or retired by reason of physical

disability with entitlement to disability benefits administered by
the Department of the Navy. In addition, the Board concluded that
given the fact that you served on active duty for training, rather
than active duty, and did not complete six years of honorable service
in the Marine Corps Reserve, there is no action it can take that would
result in your becoming entitled to a Department of Veterans Affairs
home loan guaranty. 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,

Ler!

W. DEAN PFE
Executive Director

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