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
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