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NAVY | BCNR | CY2002 | 05065-02
Original file (05065-02.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: 5065-02
25 November 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 21 November 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.

Documentary material considered by the Board

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 10 May 1982 to 8 May 1985, when you
were discharged with a bad conduct discharge pursuant to the approved sentence of a special
court-martial. You were convicted of unauthorized absence and forging a signature on a
military payroll check. The Board could not find any indication in the available records that
you were unfit for duty by reason of physical disability at the time of your discharge.
In
addition, the Board noted that even if you had been unfit for duty, you would not have been
entitled to disability evaluation processing because of the nature of the disciplinary action
taken against you, and your resulting bad conduct discharge. 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
important to keep in mind that a presumption of regularity attaches to all official records.

prevcously considered by the Board.

 

In this regard, it is

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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