DEPARTMENT OF THE NAVY 
SOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 6305-15 
HAY 2 0 2016 

This is in reference to your application for correction of your naval record pursuant to the provisions of 10 use 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limiations and consider your case on its merits. A three-member panel of the Board for Correcti on of Naval Records, sitting i n executive session, considered your applicati on on 25 March 2016. Your allegations of error and injustice were r eviewed in accordance with administrative regulations and procedures appl icable to t he 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. 

A review of your record shows that you entered the Marine Corps Reserve in 1984 and completed your last enlistment in 1999. 
The Board carefully considered your arguments that you deserve a disability discharge as a result of a spinal injury that was incurred while in the line of duty. Unfortunately, the Board did not find any evidence that you were unfit for continued naval service or that you suffered from a disability incurred as a result of your service. There was no record of a 1998 spinal injury in your record. The Board relies on a presumption of regularity to support the official actions of Department of Navy personnel and, in the absence of substantial evidence to the contrary, will presume t hat they have properly d~scharged thei r official duties . In your case, the Board was also hampered by the lack of Department of Veterans Affairs records to substantiate your claims. Accordingly, the Board was unable to find an error or i njustice warranting a correction to your record and denied your application. Your request for a personal appearance before the Board has also been denied. The Board lacked documentary evidence from your VA records but felt your presence would not address their needs. The names and votes of the members of the panel will be furnished upon request. 

It i s regretted that the circumstances of your case are such that favorable action cannot .be taken. You are entitled to have the Board reconsider its decisi on upon submission of new evidence within one year from the dat e of the Board's decision. New evidence is evidence not previously considered by the Board prior t o making its decision in this case. In this regard, it is important to keep in mind that a presumpt ion of regularity attaches to all off icial 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, 
-. . .. 
Executive Director 
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