DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 12247-10
14 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 3
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.
The Board found that you were administratively separated from the
Marine Corps on 10 April 2010 with a discharge under other than
honorable conditions by reason of misconduct/drug abuse (cocaine).
The Board could not find any indication in the available records that
you were unfit for duty by reason of physical disability that was
incurred in or aggravated by your naval service. It noted that you
would not have been entitled to disability retirement or separation
even if you had been unfit for duty, as your administrative separation
would have taken precedence over and likely precluded disability
evaluation processing in your case. Accordingly, your application
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
and related issues because you failed to pursue an available
administrative remedy by submitting an application to the Naval
Discharge Review Board.
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,
2 Deas
W. DEAN PF
Executive Diye
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