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NAVY | BCNR | CY1998 | 04069-98
Original file (04069-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

TRG 
Docket No:  4069-98 
25 June 1999 

Dear -: 

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 22 June 1999.  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 received nonjudicial punishment on 26 
April 1995 of multiple specifications of making a false official 
statement.  The punishment imposed was a reduction in rate from 
Awl  (E-6) to AW2  (E-5) , and forfeiture of pay which were 
suspended. 

Regulations allow for the destruction of NJP evidence after a 
period of two years.  Therefore, the specifics of the charges are 
unknown.  However, in the performance evaluation for the period 1 
December 1994 to 26 April 1995 you were assigned adverse marks of 
2.0 in reliability and personal behavior.  The following comments 
were also offered: 

. . .  (He) conscientiously made the decision to falsify 
his VHA recertification record after discovering his 
divorce decree from 1988 had not be recorded in his 
personnel record, resulting in over payment of $2,500. 
This was also the event that precipitated his 
appearance at Captain's Mast for violation of UCMJ 

Article 107, False official statement  (three 
specifications), for which he was reduced to his 
present rate ... 

You were honorably discharged on 10 June 1995.  At that time you 
were not recommended for reenlistment and were assigned an RE-4 
reenlistment code. 

In your application you request, in effect, that the N J P   be 
removed from your record and/or the reduction in rate be set 
aside.  You claim that the commanding officer was in error about 
the VHA.  You have submitted a 1996 action in which this Board 
corrected your record to allow payment of BAQ and VHA from 28 
October 1988, the date of birth of your daughter, until 6 April 
1995.  Apparently, this action stopped the recoupment of about 
$40,000 in excess payments resulting from an erroneous 
determination that you were not entitled to these payments.  You 
claim that this Board's  1996 action means that there was no basis 
for the 26 April  1995 N J P .  

The pay computation in the record on which the previous Board's 
action was based does not conclude that you were entitled to BAQ 
or VHA  from the date of your divorce, on 18 May 1988, until your 
daughter was born on 28 October 1988.  The record indicates that 
the amount of overpayment was about $2,500, which is consistent 
with the amount mentioned by  the commanding officer in the 
performance evaluation.  As indicated, the Board's  correction 
pertained to payments after 28 October 1988 and did not address 
amounts before that date.  Given the absence of the N J P   evidence, 
the specific nature of the false official statements or when they 
were made is unknown.  However, the Board believed that the 
comments in the performance evaluation show that an offense 
occurred.  Therefore, the Board concluded that the commanding 
officer did not abuse his discretion in awarding N J P   for the 
$2,500 overpayment.  The Board further concluded that the 
punishment imposed was not too severe. 

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  i s  on  the  applicant  t o   demonstrate  the 
existence  of  probable  material  error  or  i n j u s t i c e .  

Sincerely, 

W .   DEAN  PFEIFFER 
Executive  Director 



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