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NAVY | BCNR | CY2005 | 10150-05
Original file (10150-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10150-05
9 February 2007




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 8 February 2007. 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 1 May 1975. You underwent a pre-separation physical examination on 11 August 1977, and were found physically qualified for duty at sea and on foreign shores, as well as for discharge. You were discharged by reason of misconduct on 2 June 1977, with a discharge under other than honorable conditions. The discharge was based on your extensive record of criminal activity, which included multiple theft offenses.
As a discharge by reason of misconduct takes precedence over disability processing, and as there is no indication in the available records that you were unfit for duty by reason of physical disability at the time of your discharge, the Board was unable to recommend any corrective action in your case. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge, 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 PEIFFER
Executive Director

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