DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX ‘
? _ _
WASHINGTON DC 20370-5100 Docket No: 3262-09
-22 May 2009
This 1s 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 20 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 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 material
error or injustice’
The Board found that you reenlisted in the Navy on 11 December
1992. On 12 July 1996 you were convicted by a summary court-
martial of an unauthorized absence, making false official
statements, and receiving stolen property. The court sentenced
you to a forfeiture of $450.00, restriction for 30 days, and
reduction in rank. %
On 20 September 1996 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to the
commission of a serious offense. After being informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. The recommendation
was approved by the separation authority, and you were separated
with a discharge under other than honorable conditions on 16
October 1996.
In its review of your application, the Board carefully considered
your contention to the effect that your attention
deficit/hyperactivity disorder contributed to your acts of
indiscipline, but found it to be unsubstantiated aud insufficient
to warrant the approval of your request for corrective action.
AccorG@ingly, your application has been denied. The names anu
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 PFEIK
Executive Di
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