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

JRE
Docket No. 07156-06
2 July 2007

Dear

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 28 June 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.

The Board found that you enlisted in the Marine Corps on 1 March 1989. You received nonjudicial punishment on one occasion, and were convicted by summary court-martial. Your offenses included disrespect to a non-commissioned officer, disobedience of an order, unauthorized absence, and breaking restriction. You sustained an accidental self inflicted gunshot wound to your right hand on 1 January 1980. On 23 July 1990, it was held that your injury was incurred as a result of your own misconduct, as it was the result of your negligent handling of a loaded weapon while intoxicated. You underwent a pre-separation physical examination on 19 September 1990, and were found physically qualified for discharge, notwithstanding the residuals of the accidental gunshot wound. You were discharged by reason of misconduct on 11 October 1990, with a discharge under other than honorable conditions. The Naval Discharge Review Board denied your request for upgrade of your discharge on 28 May 1993.

The Board concluded that you have not demonstrated that you were unfit for duty by reason of physical disability at the time of your discharge. It noted that you would not have been entitled to disability benefits administered by the Department of the Navy in any event, because your injury was incurred as the result of your own misconduct and not in the line of duty, and because a discharge by reason of misconduct takes precedence over disability processing. Accordingly, 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 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,

							W. DEAN PFEIFFER
Executive Director