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NAVY | BCNR | CY2002 | 05144-02
Original file (05144-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

WMP
Docket No:
6 December 2002

5144-02

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,
application on 4 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
your naval record and applicable statutes,
regulations and policies.

materi'al  considered by the Board consisted

Documentary 

considered your

Your allegations of error and

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 served without incident until 6 March 1985, when

The Board found that you enlisted in the Navy on 22 July 1983 at
age  18 .
you received nonjudicial punishment  
making and uttering checks without sufficient funds.
The
punishment imposed was forfeitures of $100 per month for two
months, 15 days of extra duty and a reduction in rate.

(NJP) for five instances of

On 19 December 1985 you received NJP for failure to pay just
debts.
for two months and 30 days of restriction.
you again received NJP for false official statement.
punishment imposed was a reduction in rate.

The punishment imposed was forfeitures of $100 per month
On 30 January 1986

The

Your record further shows that you received NJP for 21 days of
unauthorized absence from 4 to 25 March 1986 and missing ship's

movement.
month for two months, 45 days of restriction and extra duty, and
a reduction in rate.

The punishment imposed was forfeitures of $300 per

On 16 June 1986, you were notified that separation action was
being initiated by reason of misconduct due to the commission of
a serious offense.
and elected to consult counsel prior to electing or waiving your
procedural rights.
counsel, you elected to waive the right to present your case to
an administrative discharge board.

On 15 August 1986, after consulting with

You were advised of your procedural rights

On 15 August 1986 your commanding officer forwarded your
discharge package to the Naval Military Personnel Command
recommending an other than honorable discharge.
1986 NMPC approved the commanding officer's recommendation and
directed an other than honorable discharge by reason of
misconduct due to commission of a serious offense.
1986, you were so discharged.

(NMPC)
On 14 September

On 7 October

 

However, the 

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity.
commission of a serious offense was appropriate based on your
four 
irresponsibility and unauthorized absence.
application has been denied.
of the panel will be furnished upon request.

NJP's, all of which were related to your financial

.Board concluded that misconduct due to

The names and votes of the members

Accordingly, your

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.

In this regard, it is important to keep in mind that

You are entitled to have

Sincerely,

W. DEAN PFEIFFER
Executive Director



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