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

JRE
									    Docket No. 02182-07 
									    9 June 2008

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 5 June 
2008. 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 24 January 1969 to 28 July 1970, when you were honorably released from active duty under an early-out program for Marines returning from overseas. There is no indication in the available records that you were wounded in action or that you were awarded the Purple Hear. The Board did not accept your unsubstantiated contentions concerning the injuries and/or wounds that you claim to have suffered but are not recorded in your Marine Corps record. The fact that the Department of Veterans Affairs (VA) awarded you service connection and a 0% rating for a scar on your right shoulder is not probative of the existence of error or injustice in your naval record. 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 PFIEFFER
Executive Director