DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11165-10
25 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of Titie 10, 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 14 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice,
You had more than two years of prior honorable service in the
Navy, when you reenlisted on 6 April 1979, and served without
disciplinary incident, until 9 May 1979, when you received
nonjudicial punishment for failure to obey a lawful order and two
specifications of the wrongful use and possession of a controlled
substance (marijuana). However, on 1 February 1980, you were
separated with an honorable discharge and an RE-4 reenlistment
code due to a physical disability which existed prior to entry.
In October 2010, you petitioned this Board to change your reason
for separation. However, your record and reason for separation
are presumed to be correct without any additional information to
the contrary.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and claim that you had medical injuries that occurred
during your first enlistment. However, you have not provided any
documentation listing the exact physical disability you were
separated for. Therefore, the Board does not know whether your
physical disability was one of your prior injuries, or a new
injury that was deemed to be pre-existing. Nevertheless, at this
time, the Board conciuded these factors were not sufficient to -
warrant a change to your reason for separation. 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 cireumstances 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,
Lo\ous
W. DEAN P
Executive Qirdéctor
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