DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100 JRE
Docket No. 01037-10
8 November 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 4
November 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. In
this regard, the Board found that you were not “discharged through
the medical board process” as you allege. You were found fit for duty
by the Physical Evaluation Board (PEB) on 23 May and 8 June 2001.
On 24 July 2001, you advised a clinical psychologist that you refused
to transfer to a new duty station, and wanted to be administratively
discharged from the Navy. You threatened to try to kill yourself if
you were not granted an administrative separation. You were
discharged in accordance with your request on 15 November 2001.
As you have not demonstrated that you were unfit for duty by reason
of physical disability, or that you were improperly denied the
opportunity to complete sufficient service to qualify for transfer
to the Fleet Reserve, the Board was unable to recommend any corrective
action in your case. Accordingly, 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 correctiof of an official naval record, the burden
fis on the applicant td demonstrate the existence of probable material
error or injustice.
Sincerely,
Executive
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