DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JRE
Docket No. 5790-13
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12 December
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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 5 December 2013. Your allegations of error and
teased ce 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 28 March 1986. You received
nonjudicial punishment on two occasions for minor offenses, and
were convicted by special court martial of wrongful use of
Marijuana, wrongful appropriation of a flight jacket, and
disrespect to a petty officer. You underwent a pre-separation
physical examination on 11 May 1987 and were found qualified
for separation. You were separated from the Navy on 2 March
1988 with a bad conduct discharge.
The available records do not demonstrate that you were unfit
for duty by reason of physical disability on the date of your
discharge. You would not have been entitled to disability
separation or retirement on that date even if you had been unfit
because your court-martial and punitive separation would have
taken precedence over disability processing.
In view of the foregoing, and as you have not demonstrated that
it would be in the interest of justice to upgrade your discharge,
the Board was unable to recommend favorable action on your
request. Accordingly, your application has been denied. The
mames and votes of the panel members 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. Inthis 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,
es
Executive
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