DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~51 00

JRE
Docket No. 05792-06
28 June 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 on 21 June 2007. 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.

The Board found that you enlisted in the Navy on 28 March 1979. You received nonjudicial punishment on two occasions and were convicted by two summary courts-martial of a number of offenses. You were discharged by reason of misconduct/frequent incidents of a discreditable nature with military authorities on 28 October 1980, with a discharge under other than honorable conditions.

The Board could not find any indication in the available records that you were unfit for duty by reason of physical disability while serving on active duty in the Navy. It noted that you would not have been entitled to disability separation or retirement even if you had been unfit by reason of physical disability, because a discharge by reason of misconduct takes precedence over disability processing. In addition, the Board was not persuaded that the blood disorder from which you suffer at this time was incurred in or aggravated by your brief period of naval service. 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,

						W. DEAN PFEIFFER
Executive Director