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

JRE
Docket No. 06301-06
22 January 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 19 January 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.

In this regard, the Board found that you enlisted in the Navy on 27 August 2003. On 21 June 2004, you were diagnosed as suffering from a personality disorder, and recommended for discharge on that basis. You were absent without authority from 25 to 27 May 2004. A message dated 1 July 2004 indicates that a urine sample you submitted has tested positive for methamphetamines. On 9 July 2004, you were advised that you were being recommended for discharge by reason of the personality disorder, and misconduct/drug abuse. After being advised of your. rights in connection with the proposed discharge, and that you could receive a discharge under other than honorable conditions, you waived your right to appear before an administrative discharge board to contest the proposed discharge. You were discharged by reason of misconduct on 14 July 2004, with a discharge under other than honorable conditions.

The Board was not persuaded that you were unfit for duty by reason of a physical disability that was incurred in or aggravated by your brief period of service in the Navy. In addition, it noted that you would not have been entitled to disability separation or retirement even if you had been unfit for duty, because your discharge by reason of misconduct would have taken precedence over and precluded disability processing. Accordingly, and as you have not demonstrated that your discharge by reason of misconduct was erroneous or unjust, 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,

ROBERT D ZSALMAN
Acting Executive Director