DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
JRE
Docket No. 06567-08
11 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 in executive session, considered your
application on 7 May 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 applicabie 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 5 January 1999 to 10 March 2000, when you were
discharged under other than honorable conditions by reason of
misconduct due to drug abuse. Although you suffered from a
number of physical complaints during your enlistment, it does
not appear that you were unfit for duty by reason of physical
disability prior to your separation. You would not have been
entitled to disability separation or retirement even if you had
been unfit for duty, because your discharge by reason of
misconduct would have taken precedence over and precluded your
referral to the disability evaluation system. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider your request for upgrade of your
discharge to general because you have not exhausted an available
administrative remedy by applying to the Naval Dischargé Review
Board. A DD. Form 293, Application for Review of Discharge or
Dismissal. from the Armed Forces, is enclosed for possible use in
that regard.
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,
ede DN Cia Qp
ROBERT D.~ZSALMAN
\ Acting Executive Director
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NAVY | BCNR | CY2009 | 02241-09
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