DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DG 20370-5100 Docket No. 07038-10
9 November 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 4
November 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 5 December 2000. You received
nonjudicial punishment on one occasion, and were convicted by two
summary and two special courts-martial. You were separated from the
Marine Corps on 11 June 2005, with a bad conduct discharge. You
completed 2 years, 2 months and 4 days creditable service, and
compiled approximately 2 years and 5 months of time lost.
Although you experienced symptoms of anxiety and depression during
your enlistment, there is no indication in the available records that
you were unfit for duty by reason of physical disability that was
incurred or aggravated while you were entitled to basic pay. You would
not have been entitled to disability separation or retirement even
if you had been unfit for duty, because your punitive separation would
have precluded disability evaluation.
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 as amatter of clemency, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
che
uw
avTt is regretted that the circumstances of your case are such that
$F sonable action cannot be taken. You are entitled to have the Board
ae
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
#+s on the applicamt to demonstrate the existence of probable material
error or injustice.
Sincerely,
\s SG
W. DEAN PFEHYF
Executive D
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