DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08794-07
1 August 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 31 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 enlisted in the Navy on 16 December
1966. You underwent a pre-separation physical examination on 25
April 1974 and were found qualified for separation. You
completed a medical history report on that date in which you
denied having a history or current symptoms of nervous trouble
of any sort. You were separated from the Navy with a bad
conduct discharge on 26 April 1974, pursuant to the approved
findings and sentence of a special court-martial which convicted
you of periods of unauthorized absence of a total duration in
excess of four years, and escaping from custody. Although was
waS a question concerning your sanity prior to your trial, you
were ultimately found sane and mentally responsible.
The Board was not persuaded that you were unfit for further
service by reason of physical disability that was incurred while
you were entitled to basic pay. It noted that you would not
have been entitled to disability separation or retirement even
if you had been unfit for duty, as your trial and bad conduct
discharge 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 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,
Executive Dir
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