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NAVY | BCNR | CY2006 | 03826-06
Original file (03826-06.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. 03826-06
28 June 2007



Dear

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, in which you requested, in effect, that your record be corrected to show that you were separated or retired by reason of physical disability, and that the characterization of your discharge be upgraded. The Board did not consider the issue of the characterization of your discharge because you failed to exhaust an administrative remedy by applying to the Naval Discharge Review Board.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 2007. 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 enlisted in the Navy on 15 April 2003. You received nonjudicial punishment on two occasions for the offenses of unauthorized absences, failure to go to duty at the time prescribed, failure to obey orders, dereliction of duty,
wrongful use of marijuana, and a false pass offense. You underwent a pre-separation physical examination on 11 February 2005, and were found physically qualified for separation. The results of the clinical psychiatric evaluation conducted at that time were normal. You were discharged under other than honorable condition on 25 February 2995, by reason of misconduct/commission of a serious offense.



The Board did not accept your unsubstantiated contention to the effect that you suffered from a major mental disorder while serving in the Navy, and were unfit for duty by reason of physical disability that was incurred in or aggravated by your naval service. As indicated above, you were examined and shortly prior to your discharge and found qualified for separation. No overt signs of a mental disorder were apparent at that time. The fact that you experienced a psychotic episode shortly after you were discharged but found insufficient to demonstrate that you suffered from such a psychotic disorder prior to your discharge, or that you lacked mental responsibility for your conduct. 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 Di rector

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