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NAVY | BCNR | CY2006 | 09059-06
Original file (09059-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 JRE
 Docket No. 09059-06
22 October 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 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. In addition, the Board considered the advisory opinion from the Commander, Navy Personnel Command, dated 30 April 2007, a copy of that which is attached.
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. In this connection, the Board substantially concurred with the comments contained in the advisory opinion. The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability at the time of your discharge, and noted that even if you had been unfit, you would not have been entitled to disability retirement or separation, because a discharge by reason of misconduct takes precedence over disability processing. In addition, the Board found that your entitlement to military medical benefits terminated on the date of your discharge, and that there is no basis for correcting your record to show that the entitlement was extended. 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



































DEPARTMENT OF THE NAVY
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
                                                      MILLINGTON TN 38055.0000

5812
 30 Apr 2007
MEMORANDUM FOR THE       EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
Via:     PERS/BCNR Coordinator (PERS-3lC)
Subj:    REQUEST FOR COMMENTS AND RECOMMENDATIONON PETITION ICO

End:     (1) BCNR File 09059—06
                   (2) Petitioner’s CD Service Record
1.       The petition and naval records of subject petitioner have been reviewed relative to his request for adjustment of separation code and continuation of TRICARE medical benefits.
2.       The review reveals that the petitioner was processed for misconduct (drug abuse) in which an administrative board found that he did commit misconduct and recommended a General (Under Honorable Conditions) discharge. Due to having over 18 years service, his case was forwarded to the Chief of Naval Personnel for decision. CHNAVPERS WASHINGTON DC 25l70lZ AUG 06 authorized the separation and he was discharged on 12 Sep 2006. This office interposes no objection to petitioner receiving any monetary or medical benefits to which he would be entitled under the circumstances of his discharge. However, petitioner fails to provide documentary evidence that an error or injustice has been encountered that would warrant adjustment of the separation code. Therefore, favorable action on this petition regarding the adjustment of the separation code is not recommended.




Technical, Advisor to the
Head, Enlisted Performance and
Separations Section (PERS-4832)

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