DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51006
JRE
Docket No. 07234-08
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 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 7 June
1985. You received nonjudicial punishment on three occasions,
and were convicted by a summary court-martial, for offenses that
included disobedience of orders, disrespect of superiors,
unauthorized absence, and striking another Marine in the head
with a beer bottle. On 31 October 1988, your commanding officer
notified you that he intended to recommend that you be separated
from the Marine Corps by reason of misconduct due to a pattern
of misconduct, with a discharge under other than honorable
conditions. After being advised of your rights in connection
with the proposed discharge, you waived your to request and
appear before an administrative board to contest the separation
action. The recommendation was approved, and you were
discharged by reason of misconduct on 6 January 1989, with a
discharge under other than honorable conditions.
The Board found that although you were evaluated by a medical
board on 1 December 1988, given diagnoses of patellofemoral
pain, right knee, and healed medial collateral ligament avulsion
fracture at the proximal attachment, and referred to the
Physical Evaluation Board, you were not entitled to be separated
or retired by reason of physical disability, as your discharge
by reason of misconduct took precedence of disability evaluation
proceedings.
In view of the foregoing, and as you have not demonstrated that
your discharge by reason of misconduct is erroneous or unjust,
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,
' Sh a, Ahn
ROBERT D.“#SALMAN
Acting Executive Director
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