DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 12876-10
7 June 2011
2
n
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 26 May
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 11 July 1988 to
25 January 1991, when you were discharged under other than honorable
conditions by reason of misconduct based on your record of five
instances of nonjudicial punishment which you received for multiple
unauthorized absence offenses, disobedience of orders and sleeping
on while posted as a sentinel.
There is no indication in the available records that you were unfit
for duty at the time of your discharge because of the effects of
undiagnosed posttraumatic stress disorder. You would not have been
entitled to disability separation or retirement even if you had been
unfit for duty, because your discharge by reason of misconduct would
have taken precedence over and precluded disability processing.
Accordingly, 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,
Neon ’
W. DEAN E
Executive D
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