DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
26 February 2002
5262-01
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 14 February 2002. 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 served in the Navy from 8 July 1986 to 15 December 1987, when
you were discharged under other than honorable conditions by reason of misconduct-pattern
of misconduct, based on absences without authority, missing the movement of a vessel,
breach of restriction, and wrongfully jumping from a naval vessel.
In addition, it noted that an antisocial personality
The Board noted that a discharge by reason of misconduct takes precedence over and
precludes disability evaluation processing.
disorder and a substance abuse disorder are not considered disabilities under the laws
administered by the Department of the Navy. The fact that the Social Security
Administration has awarded you disability benefits for the former condition is not probative
of error or injustice in your naval record, because the laws administered by that agency are
not applicable to military disability determinations.
demonstrates that your discharge by reason of misconduct was improper, and establishes that
you were unfit to perform your duties by reason of a physical disability which was incurred
in or aggravated by your brief period of naval service, the
Board was unable to recommend
In the absence of evidence which
any corrective action in your case. 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,
W. DEAN PFEIFFER
Executive Director
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