DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
CRS
2 NAVY ANNEX
WASHINGTON DG 20370-5100, Docket No: 4022-08
2 June 2009
This: is in reference to your appiication 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 28 May 2009. 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 iby 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 28 August 1995.
On 3 June 1996 you received nonjudicial punishment for engaging
in social dealings as a student with the permanent staff of the
training school. On 24 October 1996 you received a general
discharge by reason of fraudulent entry. The Naval Discharge
Review Board on 18 May 1998 changed the reason for your discharge
to erroneous entry.
The Board found that you received a general discharge because
your conduct mark average of 3.9 was below the minimum average of
4.0 required for an honorable discharge. You did not meet that
criterion because of your nonjudicial punishment. The Board
carefully considered your contention to the effect that you
committed one indiscretion during your enlistment, but found it
insufficient to warrant granting your request. Accordingly, your
appliicatrom has been denied. “The tiaiies “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 18 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 Gemonstrate the
existence of probable material error or injustice.
Sincerely,
Dard
W. DEAN PF
Executive Di or
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