DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BDC 20370-5100 JRE
Docket No. 09027-09
14 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 10 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 cf probable material error or injustice.
You enlisted in the Marine Corps on 13 August 2008. You received
nonjudicial punishment on four occasions during your enlistment, and
you were convicted by summary court-martial. In addition, a random
urinalysis conducted in 2006 resuited in your being identified as
a drug abuser. You were discharged by reason of misconduct on 7
February 2007, with a discharge under other than honorable
conditions, based on your extensive disciplinary record and drug
abuse.
Although you had been found unfit for further service by reason of
physical disability prior to your discharge, you were not transferred
to the Temporary Disability Retired List because your discharge by
reason of misconduct took precedence over that transfer. The Board
did not accept your unsubstantiated contention to the effect that
your misconduct was caused by or related to or caused by your
disability, or that you lacked responsibility for your actions.
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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