DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 1 00

JRE
Docket No. 06889-06
25 September 2006

This is in reference to your request for further consideration of application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. Your original application was denied by the Board on 14 March 2005.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2006. 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 concluded that the new evidence you submitted, which indicates that you were diagnosed as suffering from a mental disorder in 1985, does not demonstrate that you lacked mental responsibility in 1979, when you began the four-year period of unauthorized absence that resulted in your discharge, or that you were unfit for further service by reason of physical disability when you were discharged in absentia in 1984. The Board noted that even if you had been unfit for duty in 1984, you would not have been entitled to disability separation or retirement, because a discharge by reason of misconduct takes precedence over disability processing. In addition, you have not demonstrated that your mental disorder was incurred or aggravated while you were entitled to basic pay.

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 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