DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10469-0939
16 July 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 9 July
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 were discharged from the Marine Corps on
22 March 2007 by reason of misconduct/pattern of misconduct, with
a discharge under other than honorable conditions. Your discharge
was based on your two convictions by summary courts-martial, a
nonjudicial punishment, and multiple counseling entries. There is
no indication in the available records that you were unfit for duty
by reason of physical disability at the of your discharge. You would
not have been entitled to disability separation or retirement even
if you had been unfit for duty, because your discharge by reason of
misconduct would have taken precedence over disability processing.
Accordingly, 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 did not exhaust an available administrative remedy by
applying to the Naval Discharge Review Board. Enclosed is a DD Form
293 for your use in that regard.
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,
Ly Yours
W. DEAN
Executive bar
Enclosure
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