DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3679-09
3 February 2010
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 3 February 2010. 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 cf probable material
error or injustice.
The Board found that you enlisted in the Navy on 10 August 1988.
On 24 January 1989 you received nonjudicial punishment for an
unauthorized absence of 38 days. On 30 January 1989 your
commanding officer recommended that you be separated with a
general discharge by reason of misconduct due to the commission
of a serious offense. After review by the discharge authority,
’ the recommendation for separation was modified and you were
discharged on 15 February 1989 with a discharge under other than
honorable conditions.
In its review of your application, the Board carefully considered
your contention that you were suffering from Tourette Syndrome,
and that the act of misconduct which resulted in your discharge
were symptoms of that disease. The Board could not find any
evidence 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, 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,
W. DEAN PFE
Executive D
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