DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JR
WASHINGTON DC 20370-5100 Docket No. 02241-09
21 October 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, gection, 1552. A, ;
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your |
application on 1 October 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 :
snegufficient to establish the existence of probable material
The Board found that you enlisted in the Navy on 1 November
1982. You underwent a pre-separation physical examination on 11
January 1985 and were noted to have elevated blood pressure and
depression, but neither condition was considered disqualifying
for further service by the physician who conducted the
examination. You were discharged under other than honorable
conditions on 24 January 1985, by reason of your frequent.
involvement of a discreditable nature with military authorities,
to include several unauthorized absences, jncapacitation for
duty as a result of previous indulgence in intoxicating liquor,
and wrongful use of marijuana. On 26 November 2008 the
Department of Veterans Affairs (VA) determined you were not
entitled to VA benefits because your discharge was based on
willful and persistent misconduct.
The Board was not persuaded that you were unfit to reasonably
perform the duties of your rank by reason of physical disability
at the time of your discharge. In addition, it noted that you
would not have been entitled to disability separation or
retirement even if you had been unfit for duty at that time,
because a discharge by reason of misconduct takes precedence
over and generally precludes disability evaluation 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,
Wy Nn
ceecuriive
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