DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DG 20370-5100
Docket No. 00868-09
11 March 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 20 February 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 23 June 1989.
You underwent a pre-separation physical examination on 21 August
1991, and were found physically qualified for separation. On 22
October 1991 you were discharged under other than honorable
conditions by reason of misconduct/pattern of misconduct, based
on three instances of nonjudicial punishment for offenses that
included a 54 day period of unauthorized absence (UA), missing
ship’s movement, absence from appointed place of duty, anda
two-day period of UA.
The Board could not find any indication in the available records
that you were unfit for duty by reason of physical disability on
22 October 1991. It noted that even if you had been unfit for
duty on that date, you would not have been entitled to
separation or retirement by reason of physical disability,
because your separation by reason of misconduct would have taken
precedence over disability processing. Accordingly, and as you
have not demonstrated that it would be in the interest of
justice for the Board to upgrade your discharge to general or
honorable, 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,
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