DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 04386-10
14 February 2011
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 10
February 2011. 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.
The Board found that you served on active duty in the Navy from 12
May 1971 to 19 September 1977, when you received a bad conduct
discharge pursuant to the approved sentence of a special
court-martial that convicted you of an unauthorized absence of about
four years duration. There is no indication in the available record
that you sustained a significant back injury while you were entitled
to basic pay, or that you were unfit for service by reason of physical
disability. You would not have been entitled to disability
separation or retirement even if you had been unfit by reason of
disability because your 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,
te Executive D
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