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Decision Text

NAVY | BCNR | CY1998 | 07189-98
Original file (07189-98.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 N A W  ANNEX 

WASHINGTON DC  20370-5100 

JRE 
Docket No:  7189-98 
23 August  1999 

This is in  reference to your request for further consideration of  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, reconsidered your application on  19 August  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.  In  this regard,  the Board  was  not persuaded  that you  lacked  mental  responsibility 
at the time of  the commission of  the offense which  resulted  in  your conviction by  civil 
authorities, confinement, and  discharge by  reason  of  misconduct.  In  the absence of  evidence 
which  demonstrates that your discharge was erroneous or unjust, and  shows that you  were 
unfit by  reason  of physical disability at that  time,  the Board  was  unable to  recommend  any 
corrective action in  your case.  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 



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