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NAVY | BCNR | CY2001 | 06041-01
Original file (06041-01.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TRG 
Docket No:  6041-01 
10  April 2002 

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  April 2002.  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. 

You enlisted in the Navy on 7  February 1977  at age 1 9 .   On 21 
February 1978  you received nonjudicial punishment for drinking in 
a government vehicle.  On 16  September 1979  you were advanced to 
PC3  (E-4) .  A special court-martial convened on 5  January 1980  , 
and convicted you of theft of government property valued at about 
$4000,  unauthorized sale of government property, conspiracy to 
sell government property, and three specifications of stealing 
mail.  The court sentenced you to reduction to pay grade E-1  and 
a bad conduct discharge.  You began appellate leave on 23 
December 1980  and remained in that status until the bad conduct 
discharge was issued. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and contention 
that you have been a good citizen for many years.  The Board 
found that these factors and contentions were not sufficient to 
warrant recharacterization of your discharge given your 
conviction of serious offenses, especially since you committed 
those offenses while serving as a postal clerk.  The Board 
concluded that the discharge was proper as issued and no change 
is warranted. 

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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