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

JRE
										Docket No. 09821-04 
										3 March 2006

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 2 March 2006. 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 found that you served on active duty in the Marine Corps from 19 April to 31 August 2004, when you were discharged by reason of physical disability, with entitlement to severance pay. As you had not completed 180 days of service, you were discharged with an entry-level separation. Persons discharged while in an entry level status are not entitled to an honorable discharge unless the Secretary of the Navy determines, on a case by case basis, that the member’s service was so meritorious as to warrant an honorable discharge. The Board was not persuaded that such determination should have been made in your case.

	Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

The Commandant of the Marine Corps will be requested to correct
your DD Form 214 to show that your entered active duty on 14
April 2004, vice 14 May 2004.

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 PFEIFFER
							Executive Director