DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100 .
JRE
Docket No. 03212-09
10 July 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 25 June 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 19 June
1973. You were diagnosed with a passive aggressive personality
on 10 February 1976. On 18 February 1976 you admitted that you
had used hallucinogens such as LSD, and that you had a history
of flashbacks. You were Gischarged for the convenience of the
government on $ June 1976, with a discharge under honorable
conditions. On 15 September 1977, the Naval Discharge Review
Board (NDRB) denied your request for upgrade of your general
discharge. In your application to the NDRB you attributed your
problems in che Marine Corps to immaturity and personal
problems, such as sexual inadequacy. You did not contend that
you were suffering from physical or psychological problems that
were related to an injury you sustained in 1975, as you now
allege.
The Board could not find any indication in the available records
that you were unfit for further service by reason of physical
disability on 9 June 1976. Accordingly, 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,
\
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