DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01002-08
2 March 2009
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 26 February 2009. 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 March 2006.
It appears that your enlistment was fraudulent, in that you
procured it by concealing your history of alcohol and poly-drug
abuse. You were discharged from the Navy on 24 August 2007 by
reason of misconduct/drug abuse.
The Board could not find any indication in the available records
that you were unfit for duty by reason of physical disability
that was incurred in or aggravated by your brief period of naval
service. It noted that you would not have been entitled to
disability separation or retirement in any case, because the
administrative separation processing that resulted in your
discharge by reason of misconduct would have taken precedence
over disability evaluation processing. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
The Board did not consider your request for upgrade of your
discharge because you have not exhausted an available
administrative remedy by applying to the Naval Discharge Review
Board (NDRB). Enclosed is DD Form 293, Application for Review
of Discharge or Dismissal from the Armed Forces of the United
States, which you may complete and submit to the NDRB.
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,
Enclosure
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