DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
i JRE
Docket No. 02015-093
3 August 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.
B three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 July 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 applicabie 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 served in the Navy from 9 July 1970 to
28 October 1971 when you were discharged by reason of ,
unsuitability due to a sociopathic personality. As your behavior
mark average was below the minimum of 3.0 required for an
honorable discharge, you received a general discharge. You were
not discharged by reason of misconduct as you believe.
As a sociopathic personality is not considered to be a
disability under the laws administered by the military
Gepartments, and you have not demonstrated that you suffered
from a condition which rendered you unfit for service by reason
of physical disability, there is no basis for correcting your
record to show that you were 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,
Wy Denia |
W. DEAN PF R
Executive rebtor
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