DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 09425-10
10 June 2011
Git:
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 enlisted in the Marine Corps on 9 October 2001. You underwent
a pre-separation physical examination on 4 December 2002 and were
found qualified for separation. On 19 May 2003, you were discharged
by reason of misconduct/drug abuse with a discharge under other than
honorable conditions.
The Board concluded that the available records do not demonstrate
that you were unfit for duty by reason of physical disability at the
time of your discharge. 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.
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. 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. ADD 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,
yO Ade
W. DEAN PFEI
Executive Dir
Enclosure
NAVY | BCNR | CY2010 | 09349-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is...
NAVY | BCNR | CY2010 | 07323-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 04425-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. You enlisted in the Navy on 21 September 2005. 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.
NAVY | BCNR | CY2010 | 07997-10
R three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 07885-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 03004-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 04386-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 12247-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 03820-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 08354-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...