DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 06463-08
2 June 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 14 May 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 were discharged from the Navy on 16
October 2007 by reason of misgconduct/commission of a serious
offense, with a general discharge. Although you received
treatment for numerous illnesses and injuries during your period
of service, there is no indication in the available records that
you were unfit to reasonably perform the duties of your office,
grade, rank or rating by reason of physical disability at the
time of your discharge. You would not have been entitled to be
separated or retired by reason of physical disability even ne
you had been unfit for duty, as your discharge by reason of
misconduct would have taken precedence over and precluded
disability evaluation processing.
In view of the foregoing, 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,
NAVY | BCNR | CY2008 | 07355-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. 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. You underwent a pre-separation physical examination on 6 December 1988 and were found physically qualified for duty and administrative separation.
NAVY | BCNR | CY2009 | 00868-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 February 2009. The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability on 22 October 1991. 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.
NAVY | BCNR | CY2008 | 02744-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. In view of the foregoing, and as you have not demonstrated that you were unfit for duty by reason of physical disability at the time of your discharge, the Board was unable to recommend corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 07479-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. As you have not demonstrated that you were unfit for duty at the time of your discharge, the Board was unable to recommend any corrective action in your case. 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.
NAVY | BCNR | CY2009 | 05598-09
The Board did not reconsider your request for upgrade of your discharge because you did not submit any new material evidence jin support of that request. A three-member panel of the Board for Correction of Naval sitting in executive session, considered your new Your allegations of error and cordance with administrative licable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support...
NAVY | BCNR | CY2008 | 06782-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 06567-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2009. You would not have been entitled to disability separation or retirement even if you had been unfit for duty, because your discharge by reason of misconduct would have taken precedence over and precluded your referral to the disability evaluation system. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2008 | 07831-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 August 2009. 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. Consequentiy, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 00916-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 01826-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 February 2009. In this regard, the Board was not persuaded that you were unfit for duty by reason of physical disability due to a hearing loss or decreased visual acuity at the time of your voluntary discharge from the Navy. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...