DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 7
Docket No. 12466-09
19 July 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 15 July
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 enlisted in the Navy on 8 June 1978. You received nonjudicial
punishment on one occasion, and were convicted by two special
courts-martial of offenses that included assaults and battery,
communication of threats, assault with a dangerous weapon,
GQisobedience, disrespect, and drunk and disorderly conduct. You
underwent a pre-separation physical examination on 13 August 1980
and were found qualified for separation notwithstanding your history
of a detached retina. You were separated from the Navy on 6 October
1981 with a bad conduct discharge pursuant to the approved sentence
of a special court-martial. On 23 March 2009, the Department of
Veterans Affairs determined that your service was under dishonorable
conditions.
The Board was not persuaded that you were unfit for duty by reason
of physical disability on 6 October 1981. Accordingly, and as you
have not demonstrated that your bad conduct discharge is erroneous
or unjust, 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. 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,
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