DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07958-04
17 October 2005
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 6 October
2005. 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 concluded that the evidence submitted was insufficient to
establish the existence of probable material error or injustice. In
this regard, the Board found that although you tested positive for
antibodies to the human immunodeficiency virus (HIV), there is no
indication in your record that you were unfit to perform the duties of
your office, grade, rank or rating by reason of physical disability.
The Board noted that as you were discharged by reason of drug abuse,
you would not have been entitled to disability separation or
retirement even if your condition had been symptomatic and you had
been unfit for duty. The Board concluded that your service was
properly characterized with a discharge under other than honorable
conditions, based on your use of illegal drugs, and that it would not
be in the interest of justice for the Board to
upgrade your discharge to honorable or general. 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,
V
NAVY | BCNR | CY2010 | 04425-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 February 2011. You enlisted in the Navy on 21 September 2005. 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.
NAVY | BCNR | CY2004 | 08104-04
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2005. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2007 | 02228-07
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. On 18 December 2004, you reenlisted in the Navy Reserve. 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.
NAVY | BCNR | CY2012 | 00251 12
On or about 30 June 2005, the Naval Discharge Review Board denied your request for upgrade of your discharge. The available records do not establish that you were unfit for duty by reason of physical disability at the time of your discharge, or that you lacked mental when you committed the offense that resulted in your discharge. 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...
NAVY | BCNR | CY2005 | 06153-05
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 underwent a pre-enlistment physical examination on 23 June 2001 and were...
NAVY | BCNR | CY2009 | 06117-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 09429-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 2011. The Board concluded that the available records do not demonstrate that you were unfit for duty by reason of physical disability at the time of your discharge. 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.
NAVY | BCNR | CY2007 | 08032-07
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 enlisted in the Navy on 4 October 2000. The VA denied your request for...
NAVY | BCNR | CY2009 | 04872-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2009. You were discharged under other than honorable conditions on 22 September 1988 by reason of misconduct-drug abuse. 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.
NAVY | BCNR | CY2007 | 08032-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 July 2008. The Board concluded that your receipt of a combined disability rating of 10% from the VA does not demonstrate that your discharge from the Navy by reason of a condition, not a disability, is erroneous or unjust. As you have not demonstrated that you were unfit reasonably perform the duties of your office, grade,rank, or rating, there is no basis for...