DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10210-07
19 September 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. You requested that your
discharge be changed to “medical or general”.
On 11 September 2008, a three-member panel of the Board for
Correction of Naval Records, sitting in executive session,
considered only so much of your application as pertains to your
request for disability separation. The Board did not reconsider
your previous request for upgrade of your discharge under other
than honorable conditions, which was denied on 17 June 2004,
because you did not submit any new material evidence or other
matter concerning the characterization of your service.
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 could not find
any indication in the available records that you were unfit for
duty by reason of physical disability on 3 May 1985, when you
were discharged by reason of misconduct. It noted that you
would not have been entitled to disability separation or
retirement in any case, because your administrative discharge
would have taken precedence over and precluded disability
processing. Accordingly, 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,
(rea Da
ROBERT Ds SALMAN
Acting Executive Director
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