DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09349-10
10 June 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 9 June
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 6 September 2005
to 6 April 2007, when you were discharged under other than honorable
conditions pursuant to your request for discharge for the good of
the service in lieu of trial by court-martial for the offense of
unauthorized absence from 4 April 2006 to 1” February 2007, a period
of 319 days.
The Board was not persuaded that you were unfit for duty by reason
of physical disability at the time of your discharge. In addition,
it noted that you would not have been entitled to disability
separation or retirement even if you had been unfit for duty because
your discharge for the good of the service would have taken precedence
over disability evaluation processing. The Board did not accept
your contention to the effect that you did not know that you could
receive a discharge under other than honorable conditions. In this
regard, it noted that you stated in your request for discharge that
the discharge would be a separation under other than honorable
conditions which would be issued without further referral or
consideration of your case by an administrative discharge board.
Accordingly, your request for correction of your record to show that
you were separated or retired by reason of physical disability has
» been denied. The names and votes of the members of the panel will
be furnished upon request.
iy, SUSE 5, “ ’
The Board did not consider your request for upgrade of your discharge
because you failed to exhaust an available administrative remedy by
applying to the Naval Discharge Review Board. A DD Form 293 is
enclosed for your use in that regard.
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,
Wen. |
W. DEAN PREIFRER
Executive Dir
Enclosure
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