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NAVY | BCNR | CY2006 | 03160-06
Original file (03160-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5ioo

 CRS
Docket No: 3160-06
2 July 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 27 June 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.
The Board found that you enlisted in the Navy on 8 February 1956. You received three nonjudicial punishments and were convicted by two summary courts-martial for such offenses as disobedience, unauthorized purchase and possession of beer, stealing two bottles of whiskey, consumption of whiskey, failure to obey a lawful order, disrespect, absence from your appointed place of duty, and communication of a threat.
On 19 September 1957 your commanding officer recommended that you be separated with an undesirable discharge by reason of unfitness due to frequent involvement with military authorities. Subsequently, you received a fourth nonjudicial punishment and were convicted by a third summary court-martial. Your offenses were unauthorized absence and failure to go to your appointed place of duty. After review by the discharge authority, the recommendation for separation was approved and on 25 October 1957 you were discharged with an undesirable discharge.
In its review of your application the Board carefully considered your contention that an atomic bomb blast destroyed your thyroid
 gland which in turn caused your misconduct, but found there was no indication in your record that you suffered from a thyroid condition or that your misconduct was caused by an undiagnosed medical condition. 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 PFEIFFER
                                                                         Executive Director
                                                                       

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