DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 03117-07
4 February 2008
ase,
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 31 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. In this regard, the Board found that
although you were wounded in Vietnam, the wound was minor in
nature, and you were returned to duty after receiving medical
treatment. There is no indication in the available records that
you were unfit for further service by reason of physical
disability at the time of your discharge. You would not have
been entitled to disability separation or retirement even if you
had been unfit, because your discharge for the good of the
service in lieu of trial by court-martial would have taken
precedence over disability processing. The Board did not
reconsider your request for upgrade of your discharge because
you did not submit any new material evidence or other matter
that was not available in 2002 when the Board denied your
original application. 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.
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,
lo Dea Par
W. DEAN PFE
Executive Di or
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