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NAVY | BCNR | CY2007 | 05391-07
Original file (05391-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OQ


 JRE
 Docket No. 05391-07
3 June 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 30 May 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. In this regard, the Board found that you were discharged from the Marine Corps on 12 December 1983 by reason of misconduct/drug abuse, with a general discharge. The Board did not accept your contention to the effect that your drug abuse was related to the effects posttraumatic stress disorder, and that you were unfit for duty because of that condition, as there is no indication in your Marine Corps records that you suffered from posttraumatic stress disorder prior to your discharge. In addition, you stated during your administrative discharge board hearing that you believed you had r e t ested positive for the use of marijuana because of the passive
 inhalation of marijuana smoke caused by your wife’s chronic use of that substance.
The recent finding by the Department of Veterans Affairs that you suffer from posttraumatic stress disorder at this time is not probative of the existence of error or injustice in your Marine Corps record. 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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