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NAVY | BCNR | CY2007 | 03896-07
Original file (03896-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JRE
Docket No. 03896-07
6 May 2008

 

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 May 2008. 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.

error or injustice. In this connection, the Board affirmed the
findings it made on 2 August 2005, which are as state in the
enclosed letter dated 9 August 2005.

further consideration of your application is a statement from a
psychologist dated 24 February 2007. The psychologist is of the
Opinion that you may have been suffering from posttraumatic
stress disorder in 1969, which “may have explained some of
[your] bizarre behavior at the time.”

sentence to confinement for a period of imprisonment of six to
ten years. It concluded that the new evidence is insufficient to
warrant upgrading your undesirable discharge to general or
honorable, or to change the basis for your discharge.

In view of the foregoing, 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,

   

Executive D

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