DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8779-07
7 January 2009
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 10 December 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 5
November 1963. On 10 June 1966 you were diagnosed with malaria,
from which you later recovered. You received nonjudicial
punishment and were convicted by a summary court-martial. The
offenses included incapacitation for duty, drunk on duty,
Sleeping on post, and an unauthorized absence. On 14 November
1967 you were released from active duty and transferred to the
Marine Corps Reserve with a characterization of service under
honorable conditions.
The Board found that you did not qualify for an honorable
discharge because your conduct mark average of 3.9 was below the
required minimum average of 4.0, which you did not attain because
of your two disciplinary actions. In addition, you did not
demonstrate that you should have been discharged when diagnosed
with malaria, or that you had symptoms of posttraumatic stress
disorder during your period of active service. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Tt is regretted that the circumstances of your case are such that
ravorable 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,
F._W. DEAN EIFFER
Executive Director
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