DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04702-06
19 July 2007
Dear se,
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 19 July ‘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 rejected your contention to the effect that you were
suffering from a service-incurred cognitive disorder on 17
October 1983, when you were discharged by reason of misconduct
based on your record of four nonjudicial punishments. The fact
that the Department of Veterans Affairs awarded you a total
disability rating such a disorder in February 2006 is not
probative of the existence error of injustice in your record
because you obtained that rating by making false statements
concerning the alleged injuries you sustained when struck by a
bus on 31 October 1977. Your naval record shows that you did not
experience loss of consciousness or sustain significant injuries
in the accident, and you were not hospitalized for and extended
period as you advised VA officials. In addition, your record
contains a report of medical history dated 2 September 1980 in
which you denied having a history of head injury, periods of
unconsciousness, and hospitalization.
There is no indication in your record that you were unfit for
duty by reason of physical disability on i7 October 1982. You
would not have been entitled to disability separation or
retirement at that time even if you had been unfit for duty,
because a discharge by reason of misconduct takes precedence over
disability evaluation processing. Accordingly, and as you have
not demonstrated that it would be in the interest of justice to
upgrade the characterization of your second period of service,
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 consideredbythe Board. Inthisregard,
itis important to keep inmind that a presumption of regularity attaches
toall official records. Consequently, when applying for a correction
ofanofficial naval record, theburdenisontheapplicant todemonstrate
the existence of probable material error or injustice.
Sincerely,
DWof
W. DEAN PFE
Executive Di r
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