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NAVY | BCNR | CY2003 | 02076-03
Original file (02076-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE NAVY 

BOARD  FOR  C O R R E C T I O N O F N A V A L R E C O R D S  

2  N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

SRB 
Docket No: 02076-03 
15 October 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 15 October 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 25 January 1983 
at age 19.  From 4 November 1983 thru 13 January 1984, you 
received three nonjudicial punishments  (NJP).  The offenses 
included an unauthorized absence of four days, several instances 
of absence from your appointed place of duty, two instances of 
disobedience, and breaking restriction. 

On 13 March 1984 the commanding officer initiated administrative 
separation action by reason of misconduct due to a pattern of 
misconduct.  At that time you waived your right to consult with 
legal counsel and to present your case to an administrative 
discharge board.  On 15 March 1984 the commanding officer 
recommended discharge underother than honorable conditions. 
Subsequently, the separation authority directed discharge and on 

27 March 1984, you received an other than honorable discharge by 
reason of misconduct. 

The Board, in its review of your application, carefully weighed 
all potentially mitigating factors such as your youth and 
immaturity.  However, the Board concluded that given your 
frequent misconduct, the discharge was properly and 
appropriately assigned.  ~ccordingly, your request 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, 



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