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NAVY | BCNR | CY2001 | 02058-01
Original file (02058-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370-5100

JRE
Docket No: 2058-01
26 December 2001

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 29 November 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 served in the Marine Corps from 7 December 1973 to 30 April
1976, when you were discharged by reason of misconduct, with a general discharge. The
discharge was based on your extensive disciplinary record, which included three instances of
nonjudicial punishment, and convictions by summary and special courts-martial. There is no
indication in the available records that you suffered from a significant mental disorder during
your enlistment, or that your misconduct should be excused because it was caused by a
mental disorder.
erroneous, and that you were unfit by reason of physical disability, 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.

In the absence of evidence which demonstrates that your discharge was

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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