DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 11597-08
11 May 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 30 April 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 by reason of alcohol
abuse rehabilitation failure on 3 July 2003 due your consumption
of alcoholic beverages after you completed alcohol
rehabilitation treatment, and to your refusal to sign a “No
Drink” pledge prior to deploying. As alcohol abuse and
dependence are not considered disabilities under the laws
administered by the military departments, and as you have not
demonstrated that you were unfit for duty by reason of physical
disability due to a ratable mental disorder, such as major
depression, you were not entitled to be separated or retired by
reason of physical disability. 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,
RG NK
ROBERT D. SALMAN
Acting Executive Director
NAVY | BCNR | CY2009 | 12159-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2010. As alcohol abuse is not considered to be a disability under the laws administered by the Department of the Navy, and as you have not demonstrated that you suffered from a ratable condition which rendered you unfit to reasonably perform the duties of your rank, there is no basis for correcting your record to show that you were separated or retired...
NAVY | BCNR | CY2009 | 08905-09
Your receipt of disability ratings from the VA for migraine headaches and related depression is not probative of the existence of material error or injustice in your Navy record, because the VA assigned those ratings without regard to the issue of your fitness for military duty on 31 October 2003. As you were found physically qualified for separation from the Navy, and have not demonstrated that you were unfit to reasonably perform the duties of your office, grade, rank or rating by reason...
NAVY | BCNR | CY2010 | 03582-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2011. Documentary material considered by the Board consisted of your application, together with all material gubmitted 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 | CY2007 | 04516-07
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...
NAVY | BCNR | CY2009 | 02771-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2010. Your receipt of disability ratings from the VA is not probative of the existence of error or injustice in your naval record because the VA assigned those ratings without regard to the issue of your fitness. 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 | CY2002 | 01501-00
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. The Board rejected your contentions to the effect that you resumed drinking alcoholic beverages because you were erroneously directed to stop taking your antidepressant medication, and that your command decided to “get rid of” you for misconduct because they were precluded from separating you...
NAVY | BCNR | CY2009 | 04004-09
A three-member panel of the Board for Correction of Naval- Records, sitting in executive session, considered your application on 16 December 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 | CY2009 | 04139-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 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. 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 | CY2007 | 08210-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. You were separated from the Navy with a bad conduct discharge on 31 January 1997. 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 | CY2010 | 05186-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 2010. 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. The following month, on 13 August 2009, you received NIP for absence from your appointed place of duty and were awarded a $1,168 forfeiture of pay...