DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
JRE
Docket No:
“LO August 2001
3213-01
Dear
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 9 August 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 on active duty from 17 August 1992 to 18 January 1994,
when you were discharged by reason of misconduct with a discharge under other than
honorable conditions, based on your commission of a serious offense. On 22 August 1994,
the Department of Veterans Affairs determined that your discharge was under dishonorable
conditions. There is no indication in the available records that you had a brain tumor prior
to your discharge, or that your acts of misconduct were related to an undiagnosed illness.
this regard, it noted that you underwent a CT scan on 19 May 1993, the results of which
were normal. Accordingly, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
In
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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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