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NAVY | BCNR | CY2003 | 00433-03
Original file (00433-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

FC
Docket No: 00433-03
9 June 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 4 June 2003.
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.

Documentary material considered by the Board consisted

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.

The Board found that you enlisted in the Navy on 7 October 1998
at age 19.
On 14 May 1999, you received nonjudicial punishment
(NJP) for underage drinking and making a false official statement
by presenting a false identification card.
You were awarded a
forfeiture of pay, restriction, and extra duty.
On that same
day, you were counseled and about your substandard conduct and
advised that future misconduct could result in processing for
administrative separation.
counseled again about your substandard conduct.
On 6 June 2001,
you received a second NJP for failure to obey an order by wearing
a tongue ring while in uniform,
provoking speeches and gestures, and insubordination.
awarded restriction, extra duty, forfeitures of pay, and a
reduction to 

On 16 December 2000, you were

paygrade  E-3.

false official statements, use of

You were

On 18 June 2001, you were notified of administrative separation
processing and waived all of your procedural rights except the
right to obtain copies of documents supporting the basis for the
proposed separation.
discharge by reason of misconduct due to commission of a serious
offense.

On 5 July 2001, you received a general

However,

NJPs.

give]

the Board found that this factor was not

In its review of your case, the Board carefully weighed all
potentially mitigating factors such as your youth and
immaturity.
sufficient to warrant recharacterization of your discharge 
the misconduct that resulted in two 
Board noted that individuals separated for misconduct are
normally discharged under other than honorable conditions.
Therefore, you were fortunate to receive a general discharge.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.

In this regard, the

The names and

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.
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.

You are entitled to have

In this regard,

Sincerely,

W. DEAN PFEIFFER
Executive Director



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