Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 01129-07
Original file (01129-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE

Docket No. 01129-07
4 February 2008

 

 

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 25 January 2008. 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 in the Navy from 29 April 1996
to 11 January 1997, when you were discharged under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. Although you had been admitted
to a Department of Veterans Affairs medical facility during
November 1996 for treatment of a mental disorder, your symptoms
resolved and you were considered physically qualified for
discharge by the Navy physician who conducted your pre-
separation physical examination. You would not have been
entitled to disability separation or retirement in any event,

because a discharge by reason of misconduct takes precedence
over disability processing.

In view of the foregoing, your application has been denied. The

names and votes of the members of the panel will be furnished
upon request.

As you have not exhausted an available administrative remedy by
applying to the Naval Discharge Review Board, the Board did not
consider your request for recharacterization of your discharge.

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,

Lis Saad

W. DEAN PFEIFPER
Executive Dir oO

Similar Decisions

  • NAVY | BCNR | CY2007 | 08210-07

    Original file (08210-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. You were separated from the Navy with a bad conduct discharge on 31 January 1997. 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.

  • NAVY | BCNR | CY2007 | 01091-07

    Original file (01091-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2008. The record shows that in 1991, the Board denied your request for an increase in your disability rating to 30% anda disability retirement. You are now requesting that your record be corrected to show that you were not discharged on 31 January 1990 with disability severance pay but transferred to the Retired Reserve with eligibility for retired pay at age 60.

  • NAVY | BCNR | CY2008 | 02748-08

    Original file (02748-08.pdf) Auto-classification: Denied

    The Board found that your attorney appeared before a hearing panel of the Physical Evaluation Board (PEB) on 13 June 1996, and requested that you be assigned separate disability ratings of 10% under Department of Veterans Affairs (VA) codes 5299-5276 and 5276-5003 for bilateral flat feet and a painful toe. The President, PEB, published the findings of the hearing panel on 1 July 1996, and corrected them to show that you were assigned ratings under codes 5299- 5279 and 5276-5003. ...

  • NAVY | BCNR | CY2007 | 11251-07

    Original file (11251-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2008. The Board found that you enlisted in the Navy on 1 June 1992. 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.

  • NAVY | BCNR | CY2006 | 11019-06

    Original file (11019-06.rtf) Auto-classification: Denied

    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 were discharged from the Navy by reason of physical disability on 6...

  • NAVY | BCNR | CY2008 | 05765-08

    Original file (05765-08.pdf) Auto-classification: Denied

    You requested, in effect, that your record be corrected to show that you were discharged by reason of physical disability. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2008. 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.

  • NAVY | BCNR | CY2007 | 09434-07

    Original file (09434-07.rtf) Auto-classification: Denied

    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.You enlisted in the Navy on 14 January 1994 at age 25. After the second NJP, you were counseled...

  • NAVY | BCNR | CY2007 | 02400-07

    Original file (02400-07.rtf) Auto-classification: Denied

    02400-07 3 April 2008This 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 3 April 2008. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary...

  • NAVY | BCNR | CY2001 | 06221-00

    Original file (06221-00.pdf) Auto-classification: Denied

    Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 27 June 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Administrative separation Since the PEB had not been approved by that time, NJPs for nine separate offenses and a vacation action, were singled out for discipline and counseling because of these proceedings, and that command...

  • NAVY | BCNR | CY2009 | 01563-09

    Original file (01563-09.pdf) Auto-classification: Denied

    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. That code should not preclude your reentry into the Armed Forces as it may be waived, particularly in a case such as yours, where you no longer experience disabling shortness of breath. Consequently, when applying for a correction of an official naval record, the burden is on the applicant...