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NAVY | BCNR | CY2001 | 02326-01
Original file (02326-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0 JRE
Docket No: 2326-01
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.
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.

Your allegations of error and

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 the Navy by reason of
misconduct/commission of a serious offense on 11 September 1997, with a general discharge/
You did not appear before an administrative discharge board because you refused to
comp1ete.d an acknowledgement of rights form, which amounted to a waiver of the rights
enumerated in the form. The Board noted that as a discharge by reason of misconduct takes
precedence over disability processing, you were not entitled to be discharged
physical disability.
reason of misconduct was erroneous or unjust, 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 by

 

by‘ reason of

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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