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NAVY | BCNR | CY2005 | 00553-05
Original file (00553-05.doc) Auto-classification: Denied

                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100
                                                     TJR
                                                     Docket No: 553-05
                                                     20 October 2005








  This is in reference to your application for correction of your naval
  record pursuant to the provisions of Title 10, 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 12 October
  2005. Your allegations of error and injustice were reviewed in accordance
  with administrative regulations and proc!edures 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 the evidence submitted was insufficient to establish the
  existence of probable material error or injustice.

  You enlisted in the Navy on 15 July 1986 at age 19. You served without
  disciplinary incident until 16 October 1989, when you were convicted by
  general court-martial (GCM) of assault of your underage dependent stepson
  by shaking, striking, throwing him against a bed, thus causing multiple
  bruises, inflamed cuts, and retinal hemorrhages. You were sentenced to a
  $3,600 forfeiture of pay, confinement for 12 months, reduction to
  paygrade E-1, and a bad conduct discharge (BCD). After the BCD was
  approved at all levels of review, on 1 November 1990, you were so
  discharged.

  The Board, in its review of your entire record and application, carefully
  weighed all potentially mitigating factors, such as your youth, post
  service conduct, and assertion that you were under duress at the time of
  the incident. It further considered your assertion that you are in need
  of veterans benefits due to being diabetic. Nevertheless, the Board
  concluded these factors were not sufficient to warrant recharacterization
  of your discharge because of the seriousness of your misconduct.
  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,








                                        W. DEAN PFIEFFER
                                        Executive Director


























                                      2

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