DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 11203-08
12 December 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 11 December 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 enlisted in the Marine Corps on 5 March
1981. You received nonjudicial punishment on six occasions for
numerous minor offenses, and were counseled on one occasion for
possession of drug paraphernalia. You underwent a pre-
separation physical examination on 11 August 1983 and were found
fit for release from active duty. You were discharged by reason
of misconduct-minor disciplinary infractions on 1 September 1983
with a discharge under other than honorable conditions.
The Board concluded that in view of your extensive disciplinary
record, your service was properly characterized as under other
than honorable conditions. It was not persuaded that it would
be in the interest of justice to upgrade your discharge to
general or honorable. In addition, it concluded that you failed
to demonstrate that you were unfit for duty by reason of
physical disability at the time of your discharge.
In view of the foregoing, 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,
\ Den Seb pp
W. DEAN PF R
Executive or
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