DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04660-08
26 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 15 January 2009. 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 23
February 1999. On 30 April 2004, you were arraigned by a
special court-martial and pleaded guilty to violating a lawful
general order and stealing military property of a value of more
than $500.00. You were sentenced to a bad conduct discharge,
confinement for a period of six months, and reduction to
private, pay grade E-1. On 7 December 2006, upon the completion
of appellate review of your conviction and sentence, you were
separated from the Marine Corps with a bad conduct discharge.
The available records do not establish that you were unfit for
duty by reason of physical disability at the time of your
discharge. You would not have been entitled to be separated or
retired by reason of physical disability even if you had been
unfit for duty, because disability evaluation processing would
have been precluded by your special court-martial and punitive
separation. Accordingly, and as you have not demonstrated that
it would be in the interest of justice for the Board to upgrade
your discharge 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,
® DE
Executive O e
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