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NAVY | BCNR | CY2005 | 05890-05
Original file (05890-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 JRE
                                                                                           Docket No. 05890-05
                                                                                          22 September 2006



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 September 2006. 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 23 September 1979. You received nonjudicial punishment on five occasions, and were convicted by two summary courts-martial. Among your offenses were multiple unauthorized absences, larceny, possession of marijuana, and failure to obey orders. You underwent a pre-separation physical examination on 5 April 1982, and were found to be physically qualified for separation. You were discharged by reason of misconduct on 14 June 1982, with a discharge under other than honorable conditions.
There is no indication in your naval record that you suffered from a major mental disorder during your service in the Marine Corps, or that you were unfit for duty by reason of a physical disability that was incurred in or aggravated by that service. The Board noted that even if you had been unfit for duty, you would not have been entitled to disability retirement or separation, because your discharge by reason of misconduct would have taken precedence over and precluded disability evaluation processing. The Board concluded that your service was appropriately characterized as under other than honorable conditions, and that it would not be in the interest of justice for
the Board to upgrade your discharge. 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 PFEIFFER
Executive Director

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