DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 04462-10
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 27
January 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 served on active duty from 14 November 2000 to 11 July 2003, when
you were discharged under honorable conditions by reason of
misconduct due to a pattern of misconduct.
The Board could not find any indication in your naval record that
you became HIV positive or suffered from posttraumatic stress
disorder while you were on active duty in the Navy. It noted that
you would not have been entitled to disability separation or
retirement even if you had suffered from either or both of those
conditions and been unfit for duty by reason of physical disability
because your separation by reason of misconduct 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 OF injustice’.
oF
Sincerely,
F. .
W. DEAN
Executive Dige r
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