DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 4987-12
18 July 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 17 July 2012. The names and votes of the
members of the panel will be furnished upon request. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that on 13 December 2006 you began a period
of active duty in the Marine Corps and served for four years
without disciplinary incident. On 15 November 2010, following
completion of your separation medical and/or dental evaluations,
and being advised of the requirements pertaining to the
Transitional Assistance Management Program, you began a period of
terminal leave which was to end on 12 December 2010 at the
expiration of your active service.
On 8 December 2010 you were admitted to the University of
Virginia Health System (UVAHS) for emergency medical care. On 12
December 2010 you were honorably released from active duty at the
end of your active service, thus ending your period of terminal
leave. Two days later, on 14 December 2010, you were discharged
from UVAHS.
The Board, in its review of your entire record and application,
which included documentation for in/out-patient care at UVAHS
during the period from 15 December 2010 to 11 November 2011,
carefully weighed all potentially mitigating factors, such as
your assertion that the date of your release from active duty
should be changed to reflect the date you were discharged from
medical care at UVAHS. Nevertheless, the Board concluded these
factors were not sufficient to warrant relief because your record
does not reflect the required documentation, which states in
part, that you were to “Contact your parent command when there
was a change in your duty station while on terminal leave.” Your
record does not contain any such documentation from you or any
family members nor does it reflect that you or any family member
attempted to contact your command or a personnel administration
center to inform them that you were hospitalized on the day of
your expiration of active service. Further, there are no
regulatory guidelines or requirements to adjust or change a
Marine’s release from active duty date based solely on his/her
release from medical treatment. Finally, there is no evidence
which reflects that the in/out-patient treatment you received
should not have been transferred and/or referred to a Navy/Marine
Corps hospital or veterans’ facility, or that you sought out such
a transfer or referral. Accordingly, your application has been
denied.
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,
LO Bmomleny
W. DEAN PFEILFF
Executive Director
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