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NAVY | BCNR | CY1999 | 00575-99
Original file (00575-99.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 NAVY ANNEX 

WASHINGTON DC  20370-5100 

CRS 
Docket No:  575-99 
16 August 1999 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, 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 10 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. 

The Board found that you enlisted in the Navy on 27 July 1995 at 
age 23.  Your record reflects that you received three nonjudicial 
punishments.  The offenses included unauthorized absences 
totalling three days, absence from your appointed place of duty 
on six occasions, willful disobedience of a lawful order, and 
disrespect on two occasions. 

On 13 September 1996 an administrative discharge board 
recommended that you be separated with a general discharge by 
reason of misconduct due to commission of a serious offense. 
After review by the discharge authority, the recommendation for 
separation was approved and you were discharged with a general 
discharge on 4 October 1996. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your contention that an 
altercation with a chief petty officer caused your discharge. 
However, the Board concluded that these factors were not 
sufficient to warrant recharacterization of your discharge, given 

your record of three nonjudicial punishments.  In this regard, 
the evidence you submitted is insufficient to support your 
contention.  Consequently, the Board concluded that no change to 
the discharge is warranted.  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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