DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
CRS
Docket No: 457-09
6 April 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 1 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 enlisted in the Navy on 15 November
1999. You received two nonjudicial punishments for offenses that
included disorderly conduct, disrespect, and failure to obey a
lawful order.
On 2 November 2000 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense and a pattern of misconduct.
After being informed of the recommendation, you elected to waive
the right to present your case to an administrative discharge
board. The recommendation was approved by the separation
authority, and you were discharged under other than honorable
conditions by reason of misconduct due to a pattern of misconduct
on 16 November 2000.
In its review of your application, the Board carefully considered
your contention that you were suffering from a schizo-affective
disorder and chronic posttraumatic stress disorder while on
active duty, and that the acts of misconduct which resulted in
your discharge were symptoms of that condition. The Board could
not find any evideice in the available records or your
application which corroborates that contention. Accordingly, and
as you have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge as a matter of
clemency, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.
It 1s 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, A
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