DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No:
24 July 2001
8468-O
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 14 June 2001.
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.
Your allegations of error and injustice
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 12 November 1996. It appears
that your enlistment was fraudulent, in that you failed to disclose a significant pre-service
knee injury. You were discharged on 24 June 1999 with a bad conduct discharge, pursuant
to the sentence of a special court-martial.
The Board noted that a punitive discharge takes precedence over and precludes disability
evaluation proceedings. Although you had been referred for disability processing because
complaints associated with your pre-service knee injury, those proceedings were properly
suspended and later terminated because of your pending disciplinary proceedings and
subsequent discharge.
discharge was unjust, and establishes that you were unfit by reason of physical disability
which was incurred in or aggravated by your military service, the Board was unable to
recommend any corrective action in your case.
Accordingly, your application has been
denied. The names and votes of the members of the panel will be furnished upon request.
In the absence of evidence which demonstrates that your bad conduct
of
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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