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NAVY | BCNR | CY2001 | 06248-01
Original file (06248-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 6248-01
27 December 2001

Dear

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 December 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

The Board found you reenlisted in the Naval Reserve on 16 July
1987 after two years of prior honorable service.
Your record
reflects that on 18 December 1987 you received nonjudicial
punishment (NJP) for wrongful use and possession of an
unauthorized identification card and making a false official
statement.
for 14 days and a suspended reduction in rate.

The punishment imposed was restriction and extra duty

On 5 January 1988, after being referred for a psychiatric
evaluation for suicidal ideation,
you were diagnosed with poly
drug abuse, alcohol abuse, and a personality disorder.
On 27
January 1988 you received NJP for wrongful consumption of alcohol
beverages as a minor and were awarded restriction and extra duty
for 14 days and reduction to 

paygrade E-l.

On 3 February 1988 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense.
You then elected to present your case to an
administrative discharge board (ADB) and submit a statement in
rebuttal to the separation.

On 25 May 1988 an ADB met to

At the ADB, you were represented by military
After considering all the evidence, the ADB recommended

consider your case.
counsel.
you be issued a general discharge by reason of misconduct due to
commission of a serious offense.
officer also recommended a general discharge by reason of
misconduct.
the foregoing recommendations and directed a general discharge by
reason of misconduct, and on 13 May 1988 you were so discharged.

On 25 March 1988 the discharge authority approved

On 1 March 1988 your commanding

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service,
good post service conduct and your
contention that had you received proper legal representation, you
would not have received a general discharge or an RE-4
reenlistment code.
However, the Board concluded these factors
and contention were not sufficient to warrant recharacterization
of your discharge or a change of the reenlistment code because of
the serious nature of your misconduct.
Further, the Board noted
that there is no evidence in your record,
and you.submitted none,
to support your contention.
you exercised your right to an ADB,
military counsel.
Given all the circumstances of your case, the
Board concluded your discharge was proper as issued and no change
is warranted.

Accordingly, your application has been denied.

In fact, the-record reflects that

and were represented by

The names and votes of the members of the panel will be furnished
upon request.

It is regretted that the circumstances of your  
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.

cas.e are such that

Sincerely,

W. DEAN PFEIFFER
Executive Director



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