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NAVY | BCNR | CY2002 | 09872-02
Original file (09872-02.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY 

BOARD  F O R C O R R E C T I O N   OF  NAVAL  RECORDS 

2  N A V Y A N N E X  

WASHINGTON  D C   20370-5100 

CRS 
Docket No:  9872-02 
8 August 2003 

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 5 August 2003.  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 26 September 
1983.  On 1 August  1984 you were convicted by  civil authorities 
of reckless driving that was alcohol related.  The court 
sentenced you to probation for three years and a fine of $200. 
Subsequently, the record reflects that you received four 
nonjudicial punishments.  The offenses included unauthorized 
absences totalling two days, absence from your appointed place of 
duty on five occasions, disrespect on two occasions, use of 
provoking words, assault, communicating a threat, and reckless 
driving. 

On 10 February 1986 the commanding officer recommended that you 
be separated with an other than honorable discharge by  reason of 
misconduct due to a pattern of misconduct.  When informed of the 
reconmendation, 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 14 February 1986 with an 
other than honorable discharge. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth, service while 
deployed, and good post service conduct.  However, the Board 
concluded that these factors were not sufficient to warrant 
recharacterization of your discharge because of your extensive 
disciplinary record and civil conviction.  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, 

Copy to: Veterans of Foreign Wars 



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