DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE!
Docket No: 2643-99
12 June 2000
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 25 May
2ooO. 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 enlisted in the Marine Corps on 29 May 1976 for four
received nonjudicial punishment on six occasions, and were convicted by two summary
courts-martial and one special court-martial. You underwent a pre-separation physical
examination on 26 May 1981, and were found physically qualified for service. You did not
report any conditions you felt rendered you unfit for duty at that time. You were discharged
under other than honorable conditions on 12 June 1981, pursuant to your request for
discharge for the good of the service in lieu of trial by court-martial for an absence without
authority of 113 days duration.
years. You
The Board was not persuaded that you were unfit by reason of physical disability at the time
of your discharge from the Marine Corps.
questionably unfit for duty, you would not have been entitled to disability evaluation
processing, because your request for discharge in lieu of trial by court-martial would have
taken precedence over such processing. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished upon request.
In addition, it noted that even if you had been
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
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