DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
5100
WASHINGTON DC 20370-5 JRE
Docket No. 05405-08
11 May 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 2 April 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 served in the Navy from 11 October 1978
to 21 April 1981. Although you received nonjudicial punishment
on three occasions, and were convicted by special court-marital,
your commander opted to discharge you by reason of a personality
disorder rather than misconduct. There 1s no indication in the
available records that you were unfit to reasonably perform the
duties of your rank or rating by reason of physical disability
at that time, or that you suffered from a mental disorder other
than a personality disorder. Accordingly, there ts no basis for
correcting your record to show that you were separated or
retired from the Navy by reason of physical disability, and 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,
“2 ON Goan
ROBERT D. SALMAN
Acting Executive Director
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