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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ant
JRE
Dear ee
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.
Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 January 2014. 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 polieLes:.
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. In this regard, the Board was not persuaded
that on 20 November 1998 you were unfit for duty by reason of
physical disability that was incurred in or aggravated by your
service in the Marine Corps. in addition, you would not have
been entitled to disability separation or retirement even ae
you had been unfit for duty because your discharge by reason
of misconduct/drug abuse would have taken precedence over
disability processing.
Accordingly, your application has been denied. The names and
votes of the panel members will be furnished upon request.
The Board din not reconsider your request for further
consideration of your request for upgrade of your discharge
under other than honorable conditions because you did not submit
any new material evidence in support of that request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. Youare 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,
ROBERT D. ZSALMAN
Acting Executive Director
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