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NAVY | BCNR | CY2002 | 05683-01
Original file (05683-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No: 5683-01
27 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 20 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.

Documentary material considered by the Board consisted of
together with all material submitted in support

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 were commissioned in the Navy on 5 September 1990 after more
than five years of enlisted service.
received nonjudicial punishment (NJP) for an unauthorized absence
of about six days, two instances of disobedience, and false
official statement.
The subsequent fitness report for the period
of reprimand.
ending 1 August 1993 is adverse and mentions the NJP.
you have served in an excellent manner and have been promoted to
Additionally you have been continued on active duty
lieutenant.
for three years and apparently will qualify for retirement.

The punishment imposed  was a punitive letter

On 20 April 1993 you

Since then

On 7 August 1996 the Board considered and denied your request for
removal of the NJP and punitive letter.
commanding officer (CO) that imposed the NJP submitted a letter
stating that he did not remember the particulars of the NJP and
The CO also stated
no longer had access to the NJP evidence.
that he was very lenient and would not have imposed NJP without
clear and convincing evidence.
that you took actions that prevented your timely return to Naval
Hospital, Guantanamo Bay, Cuba and, therefore, the CO did not
abuse his discretion when he imposed NJP for the offenses.

The Board concluded at that time

At that time, the

Your case was reconsidered based on a letter from the CO who
imposed the NJP, in which he stated that he had reviewed your
application and recommended that the Board reconsider your case
and grant relief.

The CO stated, in part, as follows:

. 

. 

. I strongly believe that the behavior, which

. 
brought (him) to NJP, was situational and completely
uncharacteristic of this fine young officer. I am
further convinced that his difficulties were greatly
exacerbated by duty at Guantanamo Bay.
close confinement of the base in Cuba, (His) problems
involving his ex-wife were well known to the Command
Staff of the base, most of the base population, and
were a source of embarrassment, frustration, and
humiliation for him.
Support services were not
available at the time and both communication and travel
were difficult at best.
existed in  
. . . .

The predicament would not have

Because of the

CONUS.

The Board carefully reviewed the evidence and again found that
you committed offenses and there was no abuse of discretion in
1993 when the NJP was imposed.
provision in the regulations that will allow for the removal of
an NJP based solely on the passage of a period of time or
subsequent excellent service.
and punitive letter would be unfair to all your contemporaries
The Board thus
who served without committing any offenses.
concluded that a correction to your record was not warranted.

Additionally there is no

Therefore, the removal of the NJP

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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

2



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