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NAVY | BCNR | CY2001 | 07712-00
Original file (07712-00.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: 7712-00
10 October.2001

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 27 September 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 were separated from the Navy on 1 March 1968, with a bad
conduct discharge, which was awarded by a special court-martial following your conviction
of an extended absence without authority.
previous convictions by courts-martial, and received non-judicial punishment on one
occasion. Although you were diagnosed as suffering from a personality disorder, which
rendered you unsuitable for service, there is no indication in the available records that you
were unfit for duty by reason of physical disability.
have been eligible for disability processing even if you had been unfit, because a punitive
discharge takes precedence over such processing.

In addition to that conviction, you had two

In addition, it noted that you would not

The Board concluded that your service was properly characterized by a bad conduct
discharge, and that it would not be in the interest of justice to upgrade that discharge.
Accordingly, your application has been denied.
panel will be furnished upon request.

The names and votes of the members of the

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
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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