DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
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Docket No. 06782-08
1 April 2009
This is in reference to your application for further
consideration of your request for correction of your naval
record to show that you received an honorable discharge, and
that the basis for your discharge be changed from misconduct to
physical disability. As you did not submit any new material
evidence or other matter concerning the characterization of your
service, the Board did not consider that aspect of your request.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 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,
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 underwent a pre-separation physical
examination on 1 March 1982, and were found qualified for
release from active duty. No significant defects were noted by
the examining physician, and you did not report any. On 4 March
1982 your were discharged under other than honorable conditions
by reason of misconduct due to frequent involvement of a
disereditable nature with military authorities.
The Board was not persuaded that you were unfit for service by
reason of physical disability on 1 March 1982. It noted that
you would not have been entitled to disability separation or
retirement even if you had been unfit for duty because a
discharge by reason of misconduct generally takes precedence of
disability processing. 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 is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\ \
We Soa. PFETRF
Executive Dilrec
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