DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100

JRE
Docket No. 08406-06
22 October 2007

Dear

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 12 October 2007. 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 4 August to 13 October 1967, when you were discharged pursuant to the approved findings of a medical board that you did not meet the minimum standards for enlistment because of a condition of your luinbosacral spine which existed prior to your enlistment. The medical board also determined that you did not have an unfitting physical disability that was incurred or aggravated by your active military service.

The Board considered the fact that the Department of Veterans Affairs recently granted you service connection and a disability rating for a condition thought to be related to the condition for which you were discharged from the Marine Corps in 1967. The Board concluded, however, that you have not demonstrated that you were unfit for duty by reason of physical disability that was incurred in or aggravated by your brief period of service in the Marine Corps. Accordingly, 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 PFEIFFER
Executive Director