DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
JRE
Docket No. 07516-03
27 October 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 23 October 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.
Although you were noted to have a
you were found physically qualified
You enlisted in the Navy on that date for a
On 14 September 1970, you complained that
The Board found that you underwent a pre-enlistment physical
examination on 3 August 1970.
significant hearing loss,
for enlistment.
term of two years.
you had trouble hearing in your right ear, and that your hearing
loss was getting progressively worse.
after undergoing audiological evaluation,
you were found fit for
duty; however, the examiner recommended that you not be required
to fulfill duties requiring binaural hearing.
On the basis of
those findings, you were removed from an aviation preparatory
training program. On 1 June 1971, you were diagnosed as
On 22 September 1970,
suffering from an antisocial personality disorder, and
recommended for discharge by reason of unsuitability.
separated from the Navy on
discharge.
2'July 1971, with an honorable
You were
The Board noted that you did not meet the criteria for an
honorable discharge because of your 1.0 conduct and overall
trait averages, and your three convictions by court-martial and
one nonjudicial punishment,
for multiple unauthorized absence
offenses, and two larcenies. On 30 April 1977, you submitted a
letter in support of an application to the Naval Discharge
Review Board in which you attributed your misconduct to personal
and financial problems.
supporting your family on your limited military income, and
particularly so when your income was reduced by forfeitures of
You conceded that the actions taken against you by Navy
pay.
officials were warranted,
and expressed the opinion that your
obligation to your wife and child was greater than your
obligation to the Navy.
misconduct was related to shame over your disqualification from
the aviation preparatory training program, as you now do.
You contended that you had difficulty
You did not contend that your
and that the punishments you received as a
The Board rejected your unsubstantiated contentions to the
effect that you were unfit for duty by reason of physical
disability, that you were misdiagnosed as suffering from a
personality disorder,
result of your convictions by court-martial and nonjudicial
punishment were unjust.
any of the disciplinary actions taken against you were improper,
that your discharge should be upgraded to honorable, or that the
basis
Accordingly, your application has been
votes of the members of the panel will
request.
therefor should be changed to physical disability.
The Board was unable to conclude that
denied.
be furnished upon
The names and
It is regretted that the circumstances
that favorable action cannot be taken.
the Board reconsider its decision upon
material evidence or other matter not previously considered by
the Board.
it is important to keep in mind that
a presumption of regularity attaches to all official records.
of your case are such
You are entitled to have
submission of new and
In this regard,
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 PF
Executive
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