DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4097-10
20 October 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 22 September 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 enlisted in the Marine Corps on 10
September 2003. You received nonjudicial punishment on two
occasions for offenses that included having alcohol in the
barracks, underage drinking, and wrongful use of cocaine.
On 15 November 2006 an administrative discharge board recommended
that you be separated from the Marine Corps with a discharge
under other than honorable conditions by reason of misconduct due
to drug abuse. After review by the discharge authority, the
recommendation for separation was approved and on 15 December
2006 you were separated by reason of misconduct with a discharge
under other than honorable conditions.
In its review of your application, the Board carefully considered
your contention that your posttraumatic stress disorder (PTSD)
caused your misconduct. The Board concluded that you have not
demonstrated that it would be in the interest of justice for it
to upgrade your discharge. In addition, even if you did have
symptoms of PTSD at the time in question, there 1s no indication
in the available records that you lacked mental responsibility.
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
yevidence or other matter not previously considered by the Board.
“In this regard, it*is important to keep in mind that a
presumption s@éwmagularity 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.
s
Sincerely,
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