DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12563-09
14 June 2030
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 of probable material error or injustice.
You enlisted in the Marine Corps on 22 November 1994. You underwent
a pre-separation physical examination on 8 April 1997 and were found
qualified for separation. At that time you completed a Report of
Medical History in which you denied having a history of frequent
trouble sleeping, depression or excessive worry, and nervous trouble
of any sort. You were discharged by reason of misconduct/drug abuse
on 25 April 1997, with a discharge under other than honorable
conditions.
The Board was not persuaded that you were suffering from
posttraumatic stress disorder during your period of service, or that
you were unfit by reason of physical disability. 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 evaluation processing.
The Board also noted that you admitted that you had used marijuana
because you preferred being discharged to being deployed with your
unit.
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 or general, 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,
NW
W. DEAN P
Executive Wirtector
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