DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 pocket No. 00693-08
7 October 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 2 October 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 11 July 2001 to 24 June 2002, when you were
discharged under other than honorable conditions by reason of
misconduct/pattern of misconduct, based on your two convictions
by summary courts-martial and one instance of nonjudicial
punishment, for multiple offenses. You completed 10 months and
24 days of creditable service.
The available records do not indicate that you suffered from
schizophrenia or any other major mental disorder during your
brief period of naval service. In the absence of evidence which
demonstrates that you were unfit for further service by reason
of physical disability that was incurred in or aggravated by
your naval service, and that your discharge by reason of
misconduct was erroneous or unjust, the Board was unable to
recommend any corrective action in your case. 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,
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