DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON, D.C. 203704100
JRE
Docket No:
23 October 2000
118740
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 19 October 2000. 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 were discharged from that Navy on 5 January 1998 by reason of
misconduct, based on your commission of multiple violations of the Uniform Code of
Military Justice, and your receipt of nonjudicial punishment on six occasions. On 2 July
1998, the Department of Veterans Affairs determined that your discharge was under
dishonorable conditions, and that “insanity was not an issue”.
As there is no indication in the available records that you suffered from major depression
during your enlistment, and that your misconduct was the product of such a mental disorder,
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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