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

			       JRE
Docket No. 01287-04
13 August 2004

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. You requested that your record be corrected to show that you were separated or retired from the Marine Corps by reason of an unspecified disability.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 August 2004. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board -  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. In this regard, the Board noted that although you received extensive evaluation and treatment for several medical complaints during your enlistment, you were examined on 20 September 1976, and found qualified for administrative discharge. You stated that you were in good health at that time, and you denied having a history any significant mental or physical complaints. Significantly, no disqualifying defects were noted by the physician who conducted the examination. The Board could not find any indication in the available records that were unfit for duty or that you were suffering from hepatitis C at that time, as you allege. Furthermore, a personality disorder, while administratively unfitting for military service, does not render a service member unfit by reason of physical disability. The Board found that you were issued a general discharge because your conduct mark average was below that required for an honorable discharge.

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,