DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10300-07
24 September 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 17 September 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 28
September 1981 with prior service in the Army Reserve. On 16
February 1984 you were convicted by civil authorities of drunk
driving. The court sentenced you to confinement for six months
which was suspended. Subsequently, you received nonjudicial
punishment and were convicted by a summary court-martial and a
special court-martial. The offenses included absence from
appointed place of duty, failure to obey a lawful order,
violation of a lawful general order, wrongful appropriation of a
jeep, and an unauthorized absence of 27 days. On 8 May 1985, you
were Separated from the Navy by reason of a pattern of misconduct
with a discharge under other than honorable conditions.
The Board was not persuaded that your misconduct was
Significantly mitigated by the effects of undiagnosed
posttraumatic stress disorder. It concluded that your service
was properly characterized as under other than honorable
conditions in view of your repeated acts of misconduct. The
Board concluded further that you have not demonstrated that ait
would be in the interest of justice for it to upgrade your
discharge or to change the reason or authority therefor.
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,
Ivers
W. DEAN PFEI
Executive Dirct
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