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NAVY | BCNR | CY2009 | 04584-09
Original file (04584-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-51300 .

CRS
Docket No: 4584-909
29 June 2009

 

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 24 June 2909. 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 enlisted in the Navy on 1 August 1975.
You received seven nonjudicial punishments and were convicted by
a special court-martial for offenses that included unauthorized
absences totaling 267 days and absence from appointed place of
duty. On 18 June 1980 you were released from active duty and
transferred to the Navy Reserve with a characterization of
service of under honorable conditions.

The Board found that you did not qualify for an honorable
discharge because your conduct mark average was below the
required 3.0 minimum average which you did not attain because of
your eight disciplinary actions. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.

Tt 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 officiai records.
Consequentiy, 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 Director

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