DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
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 June
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 of probable material error or injustice.
You served on active duty in the Navy from 28 December 1999 to ae
August 2003 when you were discharged under other than honorable
conditions by reason of misconduct based on a nonjudicial punishment
for three violations of Article 86, Uniform Code of Military Justice
(UCMJ), anda conviction by summary court-martial of absence without
authority from 20 January 2003 until you were apprehended on 24
February 2003, and five specifications of failing to go to
restricted muster at the times prescribed in violation of Deticle
92, UCMJ.
Although you were treated for colitis during your enlistment, the
available records fail to demonstrate that you were unfit for duty
by reason of physical disability on 12 August 2003. You would not
have been entitled to disability separation or retirement even if
you had been unfit for duty on the date of your discharge, because
your separation from the Navy by reason of misconduct would have taken
precedence over disability evaluation processing. Accordingly, your
request for correction of your record to show that you were di scharged
by reason of physical disability 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 upgrade of your discharge
to honorable or general because you have not exhausted an available
administrative remedy by applying to the Naval Discharge Review Board
(NDRB) . Enclosed ina DD Form 293 which you should complete and submit
to the NDRB to apply for upgrade of your discharge. Please note that
the NDRB does not have the authority to change the basis of your
discharge to physical disability.
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,
Ll.
W. DEAN PF
Executive Dayeyguor
Enclosure
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