DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |
JRE
Docket No. 03931-07
9 May 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 8 May 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.
You enlisted in the Navy on 16 May 1977. You received
nonjudicial punishment on three occasions between 19 July 1977
and 12 December 1978, and were convicted by summary court-
martial, for multiple unauthorized absence offenses, and a drug
offense. You were convicted by civil authorities on 11 April
1979 of auto theft, and on 15 May 1979 of breaking and entering.
On 24 February 1980, you were convicted b special court-martial
of four periods of unauthorized absence of a total duration of
more than 200 days. You were sentenced to confinement at hard
labor, reduction in rate, forfeiture of pay, and a bad conduct
discharge. You were separated from the Navy with a bad conduct
discharge on 4 Februray 1982, upon completion of the appellate
review of your conviction and sentence.
Although alcoholism may render a service member unsuitable for
-IMilitary service, it is not considered to a disability under the
laws administered by the military departments. In addition, you
have not demonstrated that any of your numerous offenses was
caused by or related to your alleged alcoholism, or that you
lacked mental responsibility for your conduct. There is no
indication in the available records that you suffered from a
condition that rendered you unfit for duty by reason of physical
disability at the time of your discharge. You would not have
been entitled to disability evaluation processing even if you
had suffered from such a condition, because your conviction by
special court-martial and punitive discharge would have taken
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.
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,
Rak °
ROBERT D SALMAN
Acting Executive Director
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