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NAVY | BCNR | CY2010 | 04112-10
Original file (04112-10.pdf) Auto-classification: Denied
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,

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