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NAVY | BCNR | CY2006 | 06623-06
Original file (06623-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
          WASHINGTON DC 2O37O~5IOO


                                  
                                             crs
                                              Docket No: 6623-06
                                                                                  6 November 2006





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 25 October 2006. 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 matérial error or injustice.
The Board found that you reenlisted in the Navy on 25 May 1992 after more than three years of prior active service. The record reflects that you served without incident until 25 April 1995 when you received nonjudicial punishment for unspecific led offenses.
A general court-martial convened on 21 November 1996 and found
you guilty of burglary and an unspecified violation of Article
134 of the Uniform Code of Military Justice. The sentence of the
court is not in your records but it appears that you received
confinement and a bad conduct discharge. In this regard, the
Board noted that you were released from confinement on 16 May
1997 and received a bad conduct discharge on 30 July 1998.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that you had a prior history of drinking. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of the offenses. In this regard, alcohol abuse does not excuse
 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 PFEIFFER
 Executive Director

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