DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
JRE
Docket No. 06117-09
18 June 2010
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 17 June
2010. 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.
You served on active duty in the Marine Corps from 6 September 2005
to 30 October 2008, when you were discharged under other than
honorable conditions by reason of drug abuse. On 3 June 2009, the
Department of Veterans Affairs (VA) issued an administrative
decision which is. to the effect that your two periods of unauthorized
absence of a total duration of 85 days did not render your service
dishonorable for VA entitlement purposes. It appears that the VA
was not aware of your drug abuse, as it did not address that issue
in its administrative decision.
Although it appears that you may have been unfit for service by reason
of physical disability at the time of your discharge, you were not
entitled to disability separation or retirement because a discharge
by reason of misconduct takes precedence over disability processing.
In view of the following, and as you have not demonstrated that you
lacked mental responsibility or that it would be in the interest of
justice to excuse your misconduct, 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
because you have not exhausted an available administrative remedy
by submitting an application to the Naval Discharge Review Board.
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,
W. DEAN B
Executive xr or
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