DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL REGORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 08115-909
8 June 2010
for Correction of Naval Records,
idered your application on 3 June
& error and injustice were reviewed in
lations and procedures
the proceedings of this Board. Documentary material
he Board consisted of your application, together with
a in support thereof, your naval record and —
regulations and policies. .
applicable to
considered by t
all material submitte
applicable statutes,
After careful and conscientious consideration of the entire record, \
the Board found that the evidence submitted was insufficient to mY
establish the existence of probable material error or injustice. ‘
The Board found is of Huntington’s
disease that you were given in 2008, there is no indication in the
available records that you were unfit for duty by reason of physical .
disability in 2002, when you were discharged under other than
honorable conditions by reason of misconduct based on a lengthy
absence without authority and three instances of wrongful use of
illegal drugs. You would not have been entitled to disability
separation or retirement even if you had been unfit for duty in 2002,,
because your discharge 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 discharged
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 because you did not exhaust an available administrative
remedy by applying to the Naval Discharge Review Board (NDRB) .
Enclosed is a DD Form 2923 which you should complete and submit to
the NDRB. Please note that the NDRB does not have the authority to
change the basis of your separation to physical disability.
It is regretted that the circumstances ef your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decigion 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
ig on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
Noun
W. DEAN
Executive\ Director
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