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

	JRE
	Docket No. 07680-03
	21 May 2004

MR XXXXX

Dear Mr. XXXX:

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 13 May 2004. 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.

The Board was unable to accept your unsubstantiated contentions concerning the various injuries and illnesses you claim were incurred during your service in the Marine Corps. The Board noted that even if it were to assume that you were injured as you allege, you would not be entitled to the Purple Heart because your injuries were not the direct result of enemy action. The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability at the time of your discharge. The Board did not consider your request for administrative review and correction of your DD Form 214, as you have not exhausted an
available administrative remedy by submitting that requests to the Commandant of the Marine Corps.

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.

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 PFIEFFER
Executive Director