DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08273-07
24 July 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 24 July 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 were discharged from the Navy on 7 July
1981, with a discharge under other than honorable conditions, by
reason of misconduct, based on your civilian conviction of three
counts of robbery in the first degree, for which you were
sentenced to confinement for a term of ten years.
from schizophrenia and lacked mental responsibility for your
actions while serving in the Navy, or that you were unfit for
duty by reason of physical disability. The Board noted that
even if you had been unfit for duty, you would not have been
entitled to disability separation or retirement, because your
discharge by reason of misconduct would have taken precedence
over disability evaluation processing. Accordingly, and as you
have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge as a matter of
clemency, 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. 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,
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