DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00684-06
2 April 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 29 March 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 were discharged from the Marine Corps on
1 February 1988, with a bad conduct discharge, pursuant to the
approved sentence of a special court-martial which convicted you
of wrongful use of marijuana. On 9 September 2006, the Department
of Veterans Affairs (VA) determined that your. service was
dishonorable for VA purposes, based on the aforementioned
conviction by court-martial, and the two instances of nonjudicial
punishment you received during your enlistment.
The Board was not persuaded that you suffered from any physical
conditions or mental disorders at the time of your discharge that
rendered you unfit for service by reason of physical disability.
It found that even if you had been unfit for duty at that time,
you would not have been entitled to disability separation or
retirement, because your bad conduct discharge would have taken
precedence over and precluded disability processing. Your
contention to the effect that you were not accorded substance
abuse rehabilitation services was considered and found
insufficient to excuse your acts of misconduct, or to warrant 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.
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,
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