DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07956-07
11 August 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 24 July 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 served on active duty in the Marine
Corps from 18 October 2004 to 18 July 2006, when you were
discharged by reason of misconduct/drug abuse, with a discharge
under other than honorable conditions. The discharge and
characterization of your service were based on your wrongful
possession and use of marijuana on two occasions, and two
instances of nonjudicial punishment. Following your discharge,
the Department of Veterans Affairs (VA) determined that your
discharge was based on willful and persistent misconduct, and,
therefore, that you were not entitled to VA benefits other than
medical care.
The available records do not demonstrate that you were unfit for
further service by reason of physical disability at the time of
your discharge. You would not have been entitled to disability
separation or retirement even if you had been unfit for duty, as
the discharge by reason of misconduct would have taken
precedence over disability evaluation processing. Accordingly,
and as you have not demonstrated that it would be in the
interest of justice for the Board to upgrade your discharge to
general or honorable as a matter of clemency, 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,
Executive D
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