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NAVY | BCNR | CY2006 | 04111-06
Original file (04111-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04111-06
28 June 2007




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 request for recharacterization of your discharge because you failed to exhaust an administrative remedy by applying to the Naval Discharge Review Board for such relief.

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 served on active duty in the Navy from 23 June 2005 to 22 April 2006, when you were discharged by reason of misconduct/commission of a serious offense. The Board rejected your unsubstantiated contention to the effect that you suffered from seasonal affective disorder and/or bipolar affective disorder which rendered you unfit by reason of physical disability, and adversely affected your behavior. The Board noted that even if you had been unfit for duty, you would not have been entitled to disability separation or retirement, because a discharge by reason of misconduct takes precedence over disability evaluation 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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