DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
JRE
Docket No. 05598-0939
14 August 2009
This is in reference to your request for further consideration
of a previous application for upgrade of your discharge and a
new request for correction of your record to show that you were
separated or retired by reason of physical disability. The
Board did not reconsider your request for upgrade of your
discharge because you did not submit any new material evidence
jin support of that request.
A three-member panel of the Board for Correction of Naval
sitting in executive session, considered your new
Your allegations of error and
cordance with administrative
licable 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.
Records,
application on 6 August 2009.
injustice were reviewed in ac
regulations and procedures app
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. In this regard, it could find not
indication in the available records that you were unfit to
reasonably perform your duties by reason of physical disability
when you were discharged for the good of the service in lieu of
trial by court-martial. In addition, the Board found that even
if you had been unfit for duty at that time, you would not have
been entitled to disability retirement or separation because
your request for discharge in lieu of trial by court-martial
would have taken precedence over disability evaluation
processing. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board did not consider your request for correction of your
name because you have not exhausted an available administrative
remedy by requesting that the Commander, Navy Personnel Command,
take appropriate corrective action in that regard.
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,
\pQasd.
W. DEAN
Executive D or
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