DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 2587-13
13 December ?012
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 5 December 2013. Your allegations of error and
injustice were reviewed in accordance with administ
regulations and procedures applicable tc g
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 10 July 1995. You received
nonjudicial punishment on one occasion during your enlistment
and were convicted by summary court-martial. You underwent a
pre-separation physical examination on 27 February 1998 and
were found physically qualified for separation. You were
discharged under other than honorable conditions on 27 March
1998 by reason of misconduct/drug abuse.
There is no indication in the available records that you were
unfit for duty by reason of physical disability at the time of
your discharge. You would not have been entitled to disability
severance pay or retirement even if you had been unfit because
your injuries were not incurred in the line of duty. In addition,
referral to the Disability Evaluation System would have been
precluded by your separation by reason of misconduct.
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, your application has been denied. The names and
votes of the panel members 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. Inthis 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,
LA) Loore :
W. DEAN P
Executive ector
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