DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
WASHINGTON DC 20370-5100
CRS
Docket No: 8208-09
29 December 2009
This is in reference. to your request for further consideration 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 16 December 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 enlisted in the Navy on 23 October 2002.
On 20 May 2004 you were given diagnoses of posttraumatic stress
disorder, depressive disorder, alcohol abuse, occupational
problem, and personality disorder with borderline, schizotypal,
-and paranoid traits, and recommended: for separation due to your
unsuitability for naval service. You received nonjudicial
punishment on 21 May 2004 for desertion and missing movement.
The punishment imposed consisted of reduction to pay grade E-2,
forfeiture of $1387.00 per month for one month, and restriction
and extra duty for 45 days. On 24 May 2004 your commanding
officer recommended that you be separated from the Navy with a.
general discharge by reason of misconduct due to the commission
of a serious offense. The recommendation for separation was
approved and you were so discharged on 24 May 2004.
As the available evidence does not demonstrate that you were
unfit for duty by, reason of physical disability or that you
suffered from a. condition, not a disability, that interfered with
your service, and that you were discharged in error, the Board
had-no basis for granting your request for correction of the
reason and authority for your separation. In this regard, it
noted that your discharge by reason of misconduct would have
taken precedence over and precluded your separation for the
convenience of the government, as well as a discharge by reason
of physical disability. As you have not established that your
reduction to pay grade E-2 was erroneous or unjust, there is no
basis for correcting your record to show that you were discharged
in grade E-4.
In view of the foregoing, 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.
Tn 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,
res W. DEAN PFEIFFER
Fxecutive Director
NAVY | BCNR | CY2007 | 08210-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 August 2008. You were separated from the Navy with a bad conduct discharge on 31 January 1997. 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.
NAVY | BCNR | CY2008 | 04660-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 07689-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 September 2009. It concluded that your receipt of disability ratings and a non- service connected pension more than thirty years after you were discharged from the Navy is not probative of your contention that you should have been separated or retired by reason of - physical disability in 1970.Accordingly, your application has been denied. Consequently, when...
NAVY | BCNR | CY2008 | 02744-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. In view of the foregoing, and as you have not demonstrated that you were unfit for duty by reason of physical disability at the time of your discharge, the Board was unable to recommend corrective action in your case. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2004 | 00646-04
Documentary material considered by the Board consisted of you application, together with all material submitted in support thereof, your naval record and applicable statutes, regulation and policies.After careful and conscientious consideration of the entirerecord, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.The Board found that enlisted in the Marine Corps on 8 February 1977. You received nonjudicial...
NAVY | BCNR | CY2008 | 00916-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 January 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 04852-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 July 2007. The Board found that you enlisted in the Navy on 25 October 1999. 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.
NAVY | BCNR | CY2008 | 07355-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2009. 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. You underwent a pre-separation physical examination on 6 December 1988 and were found physically qualified for duty and administrative separation.
NAVY | BCNR | CY2005 | 06105-05
On 20 August 2004, the Physical Evaluation Board (PEB) considered the medical board report and other records, and determined that you were fit for duty. You were discharged from the Navy under honorable conditions on 29 October 2004, by reason of a personality disorder. 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,
NAVY | BCNR | CY2009 | 06638-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...