DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
_ JRE
.Docket No. 04848-0909
5 June 2009
Dear @egeadie
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 29 May 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 were separated from the Navy with a bad
conduct discharge on 5 April 2003, pursuant to the approved
findings and sentence of a special court-martial which convicted
you of lengthy periods of unauthorized absence.
The Board could not find any indication in the available naval
records that you were unfit for duty by reason of physical
disability on the date of your discharge. The Board noted that
you would not have been entitled to disability separation or
retirement even if you had been unit for duty, because your
conviction by special court-martial and bad conduct discharge
would have precluded disability evaluation processing.
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.
You may apply for upgrade of your bad conduct discharge by
completing the enclosed DD Form 293 and submitting it to the
Naval Discharge Review Board.
You should note that you may qualify for benefits administered
by the Department of Veterans Affairs based upon your service
prior to your reenlistment on 1 December 1997.
Sincerely,
nWne
W. DEAN P
Executive
Enclosure
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