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NAVY | BCNR | CY2007 | 08792-07
Original file (08792-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-51 ore)

 

JRE
Docket No. 08792-07
12 August 2008

 

Records, sitting in executive session, considered your
application on 7 August 2008. your allegations of error and

injustice were reviewed in accordance with administrative

Support thereof, your naval record and applicable statutes,

evidence in connection with your request for reconsideration of
your previous application for upgrade of your discharge.
Accordingly, the Board affirmed its previous findings, which are
set out in a letter to you dated 20 July 2000.

With regard to your new request, the Board could not find any
indication in the available records that you were unfit for duty
by reason of physical disability, or that you met the criteria
for a hardship discharge. [In addition, the Board noted that you
would not have been entitled to disability separation or
retirement even if you had been unfit for duty, as your
administrative discharge under other than honorable conditions
would have taken precedence over and precluded disability

evaluation 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

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,

rm

Nu
Executive D ckdr

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