DEPARTMENT OF
THE: NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
2037C-5100
CRS
Docket No: 772-01
11 June 2001
'.
Dear
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 30 May 2001.
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 reenlisted in the Navy on 18 December
1991 after about ten years of prior active service.
On 21 June
1995 the Family Advocacy Program substantiated charges of spouse
abuse against you.
punishment for failure to obey a lawful order on two occasions.
On 15 August 1997 you were convicted by civil authorities of
second degree child abuse.
confinement for three years and probation for one year.
On 15 January 1998 an administrative discharge board recommended
that you be separated with a general discharge by reason of
misconduct due to commission of a serious offense and civil
conviction.
recommendation for separation was approved, but an honorable
discharge was directed.
discharsed with an RE-4 reenlistment code.
slightly more than 16 years of service.
In its review of your application the Board carefully weighed all
After review by the discharge authority, the
On 17 February 1998, you were so
At that time, you had
Subsequently, you received nonjudicial
The court sentenced you to suspended
However, the Board concluded
Therefclre, the Board concluded
Accordingly, your
The names and votes of the members
potentially mitigating factors, such as your current
ineligibility for reenlistment.
that these factors were not sufficient to warrant a correction to
your record to make you eligible for retirement, given the
seriousness of your offenses.
that no change to the discharge is
application has been denied.
of the panel will be furnished upon request.
It is regretted that the circumstances) of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
war,ranted.
or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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