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NAVY | BCNR | CY2004 | 09866-04
Original file (09866-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00

JRE
                                                                                          Docket No. 09866-04
                                                                                          3 March 2006







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 2 March 2006. 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 served on active duty in the Navy from 11 May 1999 to 8 December 2000, when you were discharged by reason of misconduct. The specific basis for your discharge is not shown in the available record; however, they do show that you committed numerous offenses during your enlistment, to include writing bad checks, violating lawful orders, failing to muster, and failure to follow regulations. You were examined prior to discharge and found qualified for separation, notwithstanding your depressive symptoms. You would not have been entitled to disability separation or retirement in any event, because a discharge by reason of misconduct takes precedence over and generally precludes disability processing. 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,





W. DEAN PFEIFFER
                           Executive Director

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