DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04112-10
4 May 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. As your request for upgrade of
your bad conduct discharge was denied by the Board on 22 October
1997, and you have not submitted any new material evidence of
error or injustice in connection with that discharge, the Board
limited its review to your request for correction of your record
to show that you were separated or retired by reason of physical
disability.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 April 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.
Bfter careful and conscientious consideration of the entire
nd that the evidence submitted was
record, the Board fou
insufficient to establish the existence of probable material
error or injustice.
vou enlisted in the Navy on 31 October 1978. You received
nonjudicial punishment on three occasions for absence, drug and
theft offenses. You underwent a pre-separation physical
examination on 25 June 1980 and were found qualified for
separation. You completed a report of medical history at that
time in which you denied having a history of any mental
disorders or nervous trouble of any sort. You were separated
from the Navy on 5 June 1981 with a bad conduct discharge upon
the completion of the appellate review of your conviction by
special court-martial.
The Board was not persuaded that you were suffering from
posttraumatic stress disorder at the time of your discharge or
that you were unfit for duty by reason of physical disability.
It noted that you would not have been entitled to disability
separation or retirement even if you had been unfit for duty
because your conviction by court-martial and punitive separation
would have taken precedence over disability evaluation
processing. 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 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 | 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 | CY2009 | 12611-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 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 applyitig for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 03004-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2011. 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 | CY2009 | 12563-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 June 2010. You were discharged by reason of misconduct/drug abuse on 25 April 1997, with a discharge under other than honorable conditions. 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 | 11027-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2008. Upon completion of the evaluation, you were given a diagnosis of a personality disorder, and recommended for administrative discharge. 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 | CY2010 | 03582-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2011. Documentary material considered by the Board consisted of your application, together with all material gubmitted 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 | CY2010 | 07885-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2011. 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 | CY2007 | 08794-07
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JRE Docket No. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 July 2008. your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Consequently, when applying for a correction of an official naval record, the...
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 | CY2009 | 11974-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 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. The Board found that you were discharged from the Navy on 17 June 1993 with a bad conduct discharge, pursuant ‘to the approved sentence of a...