DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2958-07
22 April 2008
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 5 March 2008. 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 13
January 1984. You received three nonjudicial punishments for
offenses that included absence from appointed place of duty on
two occasions, willful disobedience of a lawful order, and
failure to maintain your uniform.
charge authority, and you were
separated by reason of misconduct on 8 October 1986 with a
general discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your belief that sleep
apnea caused your misconduct, and your desire to serve the
country again through the Civil Air Patrol. The Board concluded
that those factors were insufficient to warrant changing the
characterization of or basis for your discharge, given your
numerous minor disciplinary infractions. [In addition, the Board
was not persuaded that your misconduct was related to the effects
of undiagnosed sleep apnea. 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
~-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,
WreaGe
W. DEAN PFE
Executive Diveat
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