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NAVY | BCNR | CY2007 | 01575-07
Original file (01575-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 01575-07
2 November 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 23 October 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 29 November 2000 at age 19. During the period from 19 March 2002 to 1 April 2004, you received four nonjudicial punishments (NJPs) for making false official statements, assault, two instances of disorderly conduct, two instances of larceny, disobedience, wrongful disposition of government property, and wrongful appropriation. You remained on active duty until 28 November 2004 when you were honorably released from active duty at the expiration of your enlistment and transferred to the Navy Reserve.
The Board, in its review of your application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and post service accomplishments. Nevertheless, the Board concluded these factors were not sufficient to remove any of the NJPs from your official record. 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 Di rector

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