DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100
pa
Docket No. 04425-10
22 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 17
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.
You enlisted in the Navy on 21 September 2005. It appears your
enlistment was fraudulent, in that you concealed your disqualifying
history of drug abuse, suicide attempts and psychiatric
hospitalizations. On 13 April 2009, you were separated under
honorable conditions by reason of misconduct/commission of a serious
offense.
The Board was not persuaded that you were unfit for duty by reason
of physical disability that was incurred in or aggravated by your
naval service. It noted that you would not have been entitled to
disability separation or retirement even if you had been unfit for
duty, because your discharge by reason of misconduct would have taken
precedence over disability evaluation processing. In addition, the
Board concluded that in view of the fraudulent nature of your
enlistment, it would not be in the interest of justice under any
circumstances to correct your record to show that you were separated
or retired with entitlement to disability benefits administered by
the Department of the Navy. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the Board
to upgrade your discharge to honorable, 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,
on
W. DEAN PFE
Executive Dia chor
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