DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 05765-08
12 September 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. You requested, in effect, that
your record be corrected to show that you were discharged by
reason of physical disability.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 September 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. In this regard, the: Board found that you
enlisted in the Navy on 17 January 2006. You underwent a pre-
separation physical examination on 15 November 2007 and were
found physically qualified for separation. You were discharged
under honorable conditions on 19 December 2007, by reason of
misconduct, rather than because of a medical condition as you
contend.
In the absence of evidence which demonstrates that you were
unfit to reasonably perform the duties of your rank by reason of
physical disability, and that your discharge by reason of
misconduct is erroneous or unjust, there is no basis for
corrective action in your case. Accordingly, your application
has been denied. The names and votes of the members of the
panel will be furnished upon request.
If you believe that you should have received an honorable
discharge, rather than a discharge under honorable conditions,
or that the basis for your discharge should be changed from
misconduct to a basis other than physical disability, you should
submit an application to the Naval Discharge Review Board
(NDRB). I have enclosed a DD Form 293 for your use in that
regard. You may reapply to the Board for Correction of Naval
Records if the NDRB does not grant your 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,
WwW.
Executive Di
Enclosure
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