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NAVY | BCNR | CY2008 | 10375-08
Original file (10375-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 10375-08
19 January 2010

 

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 2 December 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 by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations

and policies.

Ms
‘

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 10 July 1989.
You received nonjudicial punishment on three occasions for
offenses that included disrespect, breach of the peace, assault,
and failure to obey a lawful order.

On 20 May 1992 an administrative discharge board recommended that
you be separated with a discharge under other than honorable
conditions by reason of misconduct due to the commission of a
-gerious offense. After review by the discharge authority, the
recommendation. for separation was approved and you were
discharged on 3 August 1992 with a discharge under other than
honorable conditions.

In its review of your application, the Board carefully considered
your contentions to the effect that you were the victim of
seexual harassment, and that you were denied due process during

your separation processing. It determined that those contentions

are unsubstantiated, and do not provide a basis for granting your
request for corrective action. Accordingly, and as you have not
demonstrated that it would be in the interest of justice for the
Board to upgrade your discharge, 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 PFET
Executive Dir

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