DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DE 20370-5100
JRE
‘Docket No. 10622-09
11 December 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 10 December 2009. 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 served on active duty in the Marine
Corps from 5 June 1975 to 15 September 1976, when you were
discharged under other than honorable conditions, pursuant to
your request for discharge for the good of the service in lieu
of trial by court-martial for unauthorized absence, willful
disobedience of orders and larceny. In addition, you had a
record of a conviction by summary court-martial and three
instances of nonjudicial punishment.
The Board could not find any indication in the available records
that you were unfit for duty by reason of physical disability at
the time of your discharge. It concluded that you would not
have been entitled to disability separation or retirement even
if you had been unfit for duty, because a discharge for the good
of the service in lieu of trial by court-martial wovld have
taken precedence over and precluded disability evaluation
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,
W. DEAN
Executive “Director
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