DEPARTMENT OF THE NAVY
		BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 08099-05
19 January 2007

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 19 January 2007. 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. In this regard, the Board found that you were not entitled to disability separation or retirement because discharge by reason of misconduct takes precedence over, and generally precludes, disability processing. In addition, the available records do not demonstrate that you were unfit for further service by reason of physical disability at the time of your discharge by’ reason of misconduct. Accordingly, and as you have not demonstrated that you were not mentally responsible when you committed the offenses that resulted in your discharge, or
that your discharge was otherwise erroneous, the Board was unable to recommend any corrective action in your case

In view of the foregoing, your request for correction of your record to show that you were retired by reason of physical disability has been denied. . The names and votes of the members of the Board will be furnished upon your request.

The Board did not consider you request pertaining to leave and the Montgomery GI Bill, because a Marine discharged by reason Qf misconduct is not entitled to payment for unused’ leave, or benefits under the Montgomery GI Bill program. It did not consider your request for upgrade of your discharge, as you have not exhausted an available administrative remedy by applying to the Naval Discharge Review Board (NDRB). Your remaining requests are administrative in nature, and should be directed to the Commandant of the Marine Corps (CMC). You may reapply to the Board in the event relief is not granted by the NDRB or COM.

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,

ROBERT D. ZSALMAN
Acting Executive Director