DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 12022-08
12 January 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 8 January 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 enlisted in the Navy on 17 February
1982. You underwent a pre-separation physical examination on 3
October 1984 and were found qualified for separation. There is
no indication in your record that you were suffering from a
significant mental disorder at that time. You were discharged
by reason of misconduct on 2 November 1984 based on your
extensive disciplinary record, which included five instances fof
;nonjudicial punishment for multiple offenses.
As you failed to demonstrate that you were unfit for duty by
reason of physical disability and that your discharge by reason
of misconduct is erroneous or unjust, there is not basis for any
corrective action in your case. 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,
“Re DD Fos
ROBERT D. SALMAN
Acting Executive Director
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