DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03029-03
2 September 2003
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 August 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
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 consisted
Your allegations of error and
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 Navy on 13 March 2000.
You received nonjudicial punishment on 27 February 2002 for
three specifications of disobeying lawful orders.
discharged by reason of misconduct-commission of a serious
offense on 22 March 2002, with a general discharge.
You were
The Board rejected your unsubstantiated contention to the effect
that you were you were denied treatment for a mental disorder
from which you were suffering prior to your discharge.
persuaded that you were unfit for duty by reason of physical
disability because of a mental disorder or any other condition.
It noted that even if you had been unfit, you would not have
It was
been entitled to disability evaluation processing, because a
discharge by reason of misconduct take precedence over
In the absence of evidence that
disability evaluation.
demonstrates that you discharge for misconduct was erroneous of
unjust, the Board was unable to recommend any corrective action
in your case.
The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
it is important to keep in mind that
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
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