DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 00272-08
7 October 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 2 October 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 21 September
2000. You underwent a pre-separation physical examination on 1
December 2001, and were found physically qualified for
separation. You completed a report of medical history on that
date in which you denied having symptoms of depression,
excessive worry or nervous trouble of any sort. You were
discharged under other than honorable conditions cn 3 December
2001, pursuant to your approved request for discharge for the
good of the service in lieu of trial by court-martial for the
offense of unauthorized absence from 19 June to 26 September
2001.
The available records do not demonstrate that you were unfit for
duty by reason of physical disability on 3 December 2001. You
would not have been entitled to disability separation or
retirement even if you had been unfit, because your discharge
for the good of the service 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,
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