DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DG 20370-5100 Docket No. 08542-08
20 July 2009
This is in reference to your request for further consideration
of your application for correction of your naval record pursuant
to the provisions of title 10 of the United States Code, section
1552. Your original application was denied by the Board on 22
October 2003.
A three-member panel of the Board for Correction of Naval.
Records, sitting in executive session, considered your
application on 16 July 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
ineufficient to establish the existence of probable material
error or injustice. In this regard, the Board could not discern
any connection between the three pericds of unauthorized absence
of a total duration of 180 days which resulted in your
separation by reason of misconduct on 23 February 2001 with a
discharge under other than honorable conditions, and the
numerous mental and physical disorders that have been diagnosed
since you were discharged. In addition, the Board was not
persuaded that your misconduct is significantly mitigated by
your poor state of health at the present time. Accordingly, the
Board confirmed it previous decision to deny your reguest for
upgrade of your discharge. The names and votes of the members of
the pane] will be furnished upon request.
the circumstances of your case are such
You are entitled to have
‘ts 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,
W. DEAN P
Executive Di xr
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