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NAVY | BCNR | CY2005 | 09972-05
Original file (09972-05.rtf) Auto-classification: Denied
                                    DEPARTMENT OF THE NAVY
          BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

 TRG
 Docket No: 9972-05
22 February 2007







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 6 February 2007. 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.
You enlisted in the Naval Reserve on 9 February 1989 at age 20 and reported for three years of active duty on 23 May 1989. On 13 September 1989, you reported to the USS NEW JERSEY (BB 62). During the period from 9 January 1990 to 19 July 1990 you received nonjudicial punishment on four occasions. Your offenses were assault, communicating a threat, unlawful possession of a concealed weapon, two instances of disrespect, and two absences from your appointed place of duty.
Based on the foregoing record of misconduct, you were processed for an administrative discharge. In connection with this processing, you elected to have your case heard by an administrative discharge board (ADB). On 29 October 1990 an ADB found that you had committed misconduct due to a pattern of misconduct and commission of a serious offense. The ADB recommended discharge under other than honorable conditions. After review, the discharge authority approved the recommendation of the ADB and directed your discharge under other than honorable conditions. You were so discharged on 1 February 1991.













In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the documentation you submitted showing that you have been diagnosed with a severe generalized anxiety disorder with occasional panic attacks, which you contend was caused by your stressful service aboard NEW JERSEY. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your record of misconduct. The Board concluded that the discharge was proper as issued and no change is warranted.
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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