DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No.11179-16 

JUL 31 2017 


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

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your case on its merits. A three-member 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 13 July 2017. Your allegations oferror 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 ofyour application, together with all 
material submitted in support thereof, your naval record and applicable statutes, regulations and 
policies. 

A review ofyour record shows that you entered active duty with the Marine Corps in July 1959 
and served until your discharge on 19 July 1963 at the end of your obligated active service. 
During your active duty service, you were assigned to . 

The Board carefully considered your arguments that you deserve a disability discharge since you 
were assigned to  and exposed to contaminated water. Unfortunately, the Board 
disagreed with your rationale for relief. In order to qualify for a disability discharge, a service 
member must be unfit to perform the duties ofoffice, grade, rank or rating because ofdisease or 
injury incurred or aggravated while entitled to basic pay. Each case is considered by relating the 
nature and degree ofphysical disability ofthe member to the requirements and duties that 
member may reasonably be expected to perform in his or her office, grade, rank or rating. In 
your case, you separation physical from 18 July 1963 shows that you were in good health and not 
suffering from any symptoms related to contaminated water. Ifyou later developed symptoms 
from the effects of the water at there are separate remedies for you to pursue 
outside of a change to your narrative reason for separation. Accordingly, the Board was unable 
to find an error or injustice warranting a correction to your record and denied your application. 
The names and votes ofthe members ofthe panel will be furnished upon request. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a p~esumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director