DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04924-08
16 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 12 March 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,
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 received nonjudicial punishment (NIP)
on three occasions between 9 May 2001 and 15 May 2003, for
offenses that included failing to obey a lawful order, several
counts of unlawful entry, drunk and disorderly conduct, and
communicating indecent language, being disrespectful to a petty
officer, and two prief periods of absence without authority.
You underwent a pre-separation physical assessment on 21 May
2003. You did not report any conditions you thought were
disqualifying or required further evaluation or treatment, and
the physician who conducted the assessment did not record any.
On 22 May 2003, you were advised of your rights in connection
with your proposed discharge by reason of misconduct due to the
commission of a serious offense and a pattern of misconduct.
You declined to consult with counsel and waived all of your
rights. You were separated from the Navy on 23 May 2003 by
reason of misconduct -commission of a serious offense, with a
discharge under other than honorable conditions. You were
assigned a reentry code of RE-4 as required by governing
directives.
The Board was not persuaded that the misconduct which resulted
in your discharge was caused by or related to the side-effects
of the medications you were taking for excessive sweating. In
addition, you have not demonstrated that you were unfit for
service by reason of physical disability. 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 ig on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Rene?
W. DEAN PFEI
Executive etor
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