DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 101-10
28 January 2011
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 15 December 2010. 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 8 August 1983.
A special court-martial convened on 19 June 1989 and found you
guilty of failure to go to appointed place of duty, disrespect,
use of reproachful gestures, communicating a threat, and failure
to obey a lawful order. You received nonjudicial punishment on
23 June 1989 for an unauthorized absence of four days.
On 25 July 1989 your commanding officer recommended that you be
separated from the Navy by reason of misconduct/commission of a
serious offense, with a discharge under other than honorable
conditions. On 22 August 1989 the Assistant Secretary of the
Navy for Manpower and Reserve Affairs approved the recommendation
and directed that you be discharged by reason of misconduct. You
were discharged on 1 September 1989.
In its review of your application, the Board carefully considered
your contention to the effect that you were discharged due to
your failure to take an anthrax shot, but found it
unsubstantiated and insufficient to warrant the approval of your
request for corrective action. Accordingly, 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 regular#ty 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 PFEIFVE
Executive Ditéc
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