DEPARTMENT OF THE NAVY
BOARD FOR CORRECTON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
Docket No. 09911-05
2 February 2007

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 o 1 February 2007. Your allegations of error and injustice we e reviewed in accordance with administrative regulations a d 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 of establish the existence. of probable material error or injustice. In this connection, the Board found that you were not entitled to disability separation or retirement because your conviction by general-court martial and bad conduct discharge to k precedence over and precluded disability evaluation in your case. In addition, the Board confirmed its prior decision of 16 May 2005, that you have not demonstrated the existence of material error or injustice in connection with your bad conduct discharge.

In view of the foregoing, 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 o her matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption o regularity attaches to all official records. Consequently, hen 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.