This is in refere
naval record purs
States Code secti
A three-member pa
Records, sitting
application on 19
injustice were re
regulations and p
Board. Documenta
your application,
DEPARTMENT OF THE NAVY
OARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 8976-08
24 February 2009
nce to your application for correction of your
vant to the provisions of title 10 of the United
on 1552.
nel of the Board for Correction of Naval
in executive session, considered your
February 2009. Your allegations of error and
preweo in accordance with administrative
ocedures applicable to the proceedings of this
ry material considered by the Board consisted of
together with all material submitted in support
- thereof, your naval record and applicable statutes, regulations
and policies.
After careful and
record,
insufficient toe
error or injustic
The Board found t
1983 and entered
were absent witho
when you were app
from the Navy wit
conditions. You
discharge for the
martial for an of
however, the Boar
1 April to 9 June
In its review of
potentially mitig
service, and the
condition of your
because of that c
insufficient to w
The Board was not
characterized as
the Board
conscientious consideration of the entire
found that the evidence submitted was
tablish the existence of probable material
at you enlisted in the Navy Reserve on 15 July
n extended active duty on 12 October 1983. You
t authority from 1 April 1986 to 9 June 1986,
ehended. On 29 July 1986, you were separated
a discharge under other than honorable
ere separated pursuant to your request for
good of the service in lieu of trial by court-
fense which is not shown in available records;
d presumes it was the unauthorized absence from
1986.
your application the Board carefully weighed all
ating factors, such as your youth, overall
contention that you suffered from a severe
lower back, and should have been discharged
ondition. The Board found those factors
arrant corrective action in your case.
persuaded that your service was improperly
under other than honorable conditions. It
believes that con
request for disch
avoided the possi
hard labor and a
concluded that yo
request for disch
permitted to chan
The Board could n
were unfit for du
1986. It noted t
referred for disa
request for disch
have taken preced
iderable clemency was extended to you when your
rge was approved since, by that action, you
ility of a Federal conviction, confinement at
unitive discharge. Further, the Board
received the benefit of your bargain when your
rge was granted, and you should not be
e it now.
t find any indication in your record that you
y by reason of physical disability on 29 July
at you would not have been entitled to be
ility evaluation in any case, because your
rge in lieu of trial by court-martial would
nce over disability evaluation processing.
In view of the foregoing, your application has been denied. The
names and votes of
upon request.
the members of the panel will be furnished
It is regretted that the circumstances of your case are such that
favorable action dannot be taken. You are entitled to have the
Board reconsider ij
evidence or other
In this regard, it
ts decision upon submission of new and material
matter not previously considered by the Board.
is important to keep in mind that a
presumption of re
Consequently, whe
record, the burde
existence of prob
ularity attaches to all official records.
applying for a correction of an official naval
is on the applicant to demonstrate the
ble material error or injustice.
Sincerely,
Copy to: Disabled American Veterans
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