DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7509-10
28 September 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 15 September 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 vith 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 enlisted in the Navy on 7 October 1999’.
On 24 January 2000 you were given a diagnosis of hepatitis C.
You received nonjudicial punishment on two occasions and were
convicted by two summary courts-martial for offenses that
included four periods of unauthorized absence, fail
appointed place of duty, and dereliction of duty.
ie
On 11 September 2003 your commanding officer recommended that you
be separated from the Navy by reason of misconduct/commission of
a serious offense, with a discharge under other than honorable
conditions. After being informed o the recommendation, you
waived the right to pres ase to an administrative
a
tl H
ent your ca
discharge board. The recommendation was approved by the
separation authority, and you were discharged on 20 S$
a\
2003 with a discharge under other than honorable conditions.
In its review 1, the Board carefully
your contention your medical conditic
your misconduct, but found it unsubstantiated and insuf
warrant the approval of your request for corrective action.
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,
\Dyuss
W. DEAN PFET
Executive Di
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