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NAVY | BCNR | CY2001 | 06367-01
Original file (06367-01.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  OF  NAVAL  R E C O R D S  

2   NAVY  ANNEX 

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

CRS 
Docket No:  6367-01 
4 April 2 0 0 2  

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, United 
States Code, Section 1 5 5 2 .  

A three-member panel of the Board  for Correction of Naval 
Records, sitting in executive session, considered your 
application on 3 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. 

The Board found that you enlisted  in the Navy on 1 0   June 1 9 8 2   at 
age 1 9 .   The record reflects that you received four nonjudicial 
punishments.  The offenses included assault, conspiring to make a 
false official statement, making a false official statement, 
falsely accusing another individual of raping a woman, forgery, 
and stealing from a fellow Sailor. 

On 4 April  1 9 8 4   the commanding officer recommended that you be 
separated with an other than honorable discharge by reason of 
misconduct due to a pattern of misconduct and commission of a 
serious offense.  When  informed of the recommendation, you 
elected to waive the right to present your case to an 
administrative discharge board.  After review by the discharge 
authority, the recommendation for separation was approved and you 
were discharged on 2 0   April  1 9 8 4   with an other than honorable 
discharge by reason of misconduct due to a pattern of misconduct. 

In its review of your application the Board carefully weighed all 
potentially mitigating  factors, such as your youth and 

immaturity.  However, the Board concluded that these factors were 
not sufficient to warrant recharacterization of your discharge, 
given the serious nature of your misconduct and since you 
r~cnived four disciplinary actions within a period of less than 
two years.  Therefore, the Board concluded that no change to the 
discharge 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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