DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 03344-09
14 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 August 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 ail 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.
you had received nonjudicial punishment on eleven occasions and
your behavior mark average was well below the minimum required
for an honorable characterization of service. The fact that you
received an honorable discharge from the Navy Reserve in 1982 ,
was not considered to be probative of the existence of error or
injustice in connection with your release from active in 1980.
It appears that you were jasued that discharge im error, as you
should have received a general discharge.
The Board noted that you underwent a pre-separation physical
examination prior to your release from active duty and were
found qualified for separation. There is no indication in the
available records that you were unfit to reasonably perform your
duties because of a condition or injury that was incurred in or
aggravated by your naval service. Accordingly, there is no
basis for correcting your record to show that you were separated
or retired by reason of physical disability.
In view of the foregoing, 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, x
\ Sea St
W. DEAN PFE
Executive Di
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