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Decision Text

NAVY | BCNR | CY2007 | 11010-07
Original file (11010-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 11010-07
12 September 2008

 

 

  

EN mA ¥

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 4 September 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

9 February 1972 to 18 July 1974, when you were discharged under
other than honorable conditions, pursuant to your request for
discharge for the good of the service in lieu of trial by court-
martial for five periods of unauthorized absence of a total
duration of more than six months.

While the Board admires your post-service good conduct and
accomplishments, and your need for medical care and/or
disability compensation for a service incurred knee condition,
the Board was not persuaded that it would be in the interest of
justice for it to upgrade your discharge, given your extensive
record of misconduct and limited period of credible naval
service. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.

As you may be entitled to medical care, but not disability
compensation, from the Department of Veterans Affairs for
conditions that are determined to be service connected, you
should consider contacting that department.

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,

W. DEAN P
Executive Di

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