DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11211-09
26 August 2010
es
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..
sitting in executive session, considered your application on 5 August
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 enlisted in the Marine Corps on 29 May 1990. You received
nonjudicial punishment on two occasions during your enlistment for
offenses which included making a false official statement, failure
to obey a lawful order, conspiracy to commit fraud, and violation
of orders. You were discharged by reason of misconduct /minor
disciplinary infractions on 27 May 1993.
Although you had a long history of low back pain while on active duty,
you were not entitled to be separated or retired by reason of physica.
disability because your discharge by reason of misconduct precluded
such action. In addition, there is no indication in your naval record
that you were suffering from posttraumatic stress disorder pxrier fo
your discharge, or that your acts of misconduct were related to an
undiagnosed mental disorder.
In view of the foregoing, and as you have not demonstrated that it
would be in the interest of justice for the Board to upgrade your
discharge to honorable, 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,
\y
W. DEAN
Executive D
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