' DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 612194-09
11 December 2009
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 8 December 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings cf 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
22 January 1986 at age 22. You served without incident for over
two years until 2 June 1988, when you submitted a request for a
hardship discharge due to your wife’s medical condition. On
25 May 1988, it was determined that you met the requirements to
request such a discharge, and your commanding officer forwarded
it strongly recommending approval on 13 June 1988. Your request
was approved and you were honorably discharged on 1 September
1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of honorable service, and the reason for your hardship
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant giving you credit for three years of
active duty service. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request. “
The Board believed that you may be eligible for certain veterans’
preference through the Office of Personnel Management (OPM). On
30 November 1999, the President signed into law the Veterans
Millennium Health Care and Benefits Act. This new law amends the
Veterans Employment Opportunities Act (VEOA) of 1998 in several
important ways, one of which authorizes OPM to regulate the
circumstances under which veterans who have substantially
completed an initial tour of military service, but who are
released short of the three year minimum service required in the
original VEOA, may be given veterans’ preference. Whether or not
you are eligible for preference based on this amendment is a
matter under the cognizance of OPM. If you have been denied this
preference, you should appeal that denial under procedures
established by the OPM.
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,
Executive
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