DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 07918-09
1 October 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 2
September 2010. After careful consideration of your application,
the Board concluded that your application was not timely filed, and
that it would not be in the interest of justice to excuse your failure
to submit your application in a timely manner. The Board concluded
that you were aware of the alleged error or injustice in your record
when you were released from active duty in 1994 and discharged by
reason of misconduct/drug abuse in 1995, witha discharge under other
than honorable conditions. Your discharge took precedence over
disability processing, and should have barred your entitlement to
disability benefits administered by the Department of Veterans
affairs. In addition, the Board noted that as you were injured while
serving pursuant to orders that specified a period of duty of 30 days
or less, you were not entitled to be retained on active duty upon
the expiration of those orders, or to be issued a DD Form 214.
You may request reconsideration of this decision. Your request must
include newly discovered relevant evidence which was not reasonably
available to you when you submitted your application. The evidence
May pertain to the timeliness of your application or to its merits.
Absent such additional evidence, further review of your application
is not possible.
It is regretted that a more favorable reply cannot be made.
Sincerely,
W. DEAN PFEVAFER
Executive Di g
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