DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 05131-10
22 February 2011
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 17
February 2011. 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 served on active duty in the Marine Corps from 28 May 1993 to
30 August 1994, when you were separated by reason of misconduct, with
a discharge under other than honorable conditions. You had an
extensive disciplinary record, which included four instance of
nonjudicial punishment. Although you had been found unfit for duty
by the Physical Evaluation Board because of asthma that was rated
at 10% disabling, your separation by reason of misconduct took
precedence over a discharge by reason of physical disability.
Accordingly, and as you have not demonstrated that it would be in
the interest of justice for the Board to upgrade your discharge to
general or 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,
~ WY ge!
W. DEAN PFEI
Executive ‘DA xc
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