DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6072-01
6 February 2002
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 31 January 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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 underwent a mental health evaluation on 1 October 2000. You
were given diagnoses of adjustment disorder with depressed mood, alcohol abuse, personality
disorder, not otherwise specified, and possible sleep apnea. The psychiatrist found you fit
for duty, and not qualified for a medical evaluation board or medical disability. He
recommended that you be separated administratively because of your longstanding personality
disorder. You were processed for discharge by reason of the personality disorder, as well as
misconduct-commission of a serious offense, for sleeping on post, for which you received
nonjudicial punishment on 14 September 2000. The discharge authority approved your
separation for the latter reason, and directed that your service be characterized as honorable.
You were honorably discharged by reason of misconduct on 27 November 2000.
The Board was not persuaded that you were unfit by reason of physical disability at the time
of your discharge.
In addition, it noted that you would not have been eligible for disability
processing in any case, because you were pending discharge by reason of misconduct, which
takes precedence over disability processing.
In the absence of evidence of error or injustice
in connection with your discharge, the Board was unable to recommend 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
injustice.
material error or
Sincerely,
W. DEAN PFEIFFER
Executive Director
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