DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
JRE
Docket No. 06250-08
ii May 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 iri executive session, considered your
application on 23 April 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 served on active duty in the Marine
Corps from 17 April 1980 to 20 August 1984, when you were
honorably released from.active duty and transferred to the
Marine Corps Reserve. You reenlisted in the Marine Corps on 1
May 1985. On.10 March 1989, you underwent a pre-separation
physical examination and were found qualified for duty. You did
not report any significant medical conditions or defects at that
time, and the physician who examined you did not record any
disqualifying conditions. You were separated from the Marine
Corps with a bad conduct discharge on 8 May 1990, pursuant to
the approved sentence of a special court-martial which convicted
you of numerous offenses, to include wrongful use of illegal
drugs, multiple unauthorized absence offenses, violations of
orders and disrespect to superior commissioned and
noncommissioned officers.
The Board concluded that there is no credible evidence that you
were suffering from posttraumatic stress disorder prior to your
bad conduct, discharge from the Marine Corps. It noted that you
did not report symptoms of a mental disorder when you applied
for reenlistment in 1985, or during your pre-separation physical
examination in 1989. In addition, the Board was not persuaded
that your misconduct was caused by, related to, or extenuated or
mitigated by an undiagnosed mental disorder. Accordingly, and
as you have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge, 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 alli 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,
\ OAK cht = At
ROBERT D.~aZSALMAN _
Acting Executive Director
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