DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
JRE
WASHINGTON DC 20370-5100 .
Docket No. 02569-08
15 June 2009
This is in reference to your application for correction of your
grandson's 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 11 June 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 grandson’s 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 your grandson enlisted in the Navy on 18
February 1997. He received nonjudicial punishment on four
occasions for offenses which included failures to obey lawful
orders and assault. He underwent a pre-separation physical
examination on 3 August 1999 and was found qualified for
separation. He was discharged under other than honorable
conditions on 11 August 1999 by reason of misconduct/commission
of a serious offense.
The Board was not persuaded that your grandson was unfit for
duty by reason of physical disability on 11 August 1999, or that
he lacked mental responsibility for his actions. It noted that
he would not have been entitled to disability separation or
retirement even if he had been unfit for duty, as a discharge by
reason of misconduct 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 his 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,
Sas
W. DEAN PF
Executive DiNjIedtor
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