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NAVY | BCNR | CY2010 | 12175-10
Original file (12175-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

JRE
Docket No. 12175-10
11 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 11 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 ana 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 June 2001
to 28 February 2002 when you were transferred to the Temporary
Disability Retired List (TDRL). You were discharged from the
Marine Corps with entitlement to disability severance pay on 1
December 2005.

As a DD Form 214 is issued only upon a service member's release
from active, and you did not serve on active duty after 28
January 2002, there is no basis for amending your DD Form 214
to show that you served on active duty from 27 June 2001 to l
December 2005. The Board did not consider your request for
correction of your honorable discharge certificate, as that
request is administrative in nature. You should send your
original honorable discharge certificate to the Commandant of
the Marine and request that it be corrected,

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.

If you wish to clarify your military status for potential
employers, you should attach to your DD Form 214 a copy letter
which notified you of your discharge by reason of physical
disability effective 1 December 2005.

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,

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