DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
JRE
Docket No: 8867-02
2 December 2002
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 21 November 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 entered on active duty as a member of the Naval Reserve on 6
December 1982. Shortly thereafter, you were extradited to the state of Missouri, where you
were tried for selling illegal drugs.
control on 22 April 1983. You were discharged by reason of misconduct on 4 August 1983.
The Board noted that a discharge by reason of misconduct takes precedence over, and
precludes, disability evaluation processing.
available records that you suffered from any condition which rendered you unfit by reason of
physical disability. Accordingly, your application has been denied. The names and votes
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
material evidence or other matter not previously considered by the Board.
important to keep in mind that a presumption of regularity attaches to all official records.
it is
_
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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