DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 07326-09
22 February 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, séction 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 February 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.
The Board found that you enlisted in the Marine Corps on 21
October 2003. You were absent without authority from 14 March
to 16 December 20004, a period of 273 days. You underwent a
pre-separation physical examination on 29 March 2005 and were
found physically qualified for separation. You were separated
from the Marine Corps on 17 October 2005 with a bad conduct
discharge pursuant to the approved findings and sentence of a
special court-martial which convicted you of the aforementioned
period of unauthorized absence.
The Board did not accept your unsubstantiated contention to the
eifect that the misconduct which resulted in your discharge was
related to your ingestion of lead and other metals that were
present in drinking water during your brief period of assignment
Camp Pendleton, California. The Board was not persuaded that you
were unfit for service by reason of physical disability at the
time of your discharge. In addition, it noted that you would
not have been entitled to disability separation or retirement
even if you had been unfit for duty, as discharge pursuant to
the sentence of a court-martial would have taken precedence over
disability processing.
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,
Won. J
W. DEAN PFELF
Executive D or
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