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NAVY | BCNR | CY2010 | 08095-10
Original file (08095-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

BJG

Docket No: 8095-10
14 April 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.

It is noted that the Naval Discharge Review Board (NDRB) has
upgraded your undesirable discharge to a general
characterization of service.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 April 2011. 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. In addition, the Board
considered the report of the NDRB, a copy of which is attached.

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. In this connection, the Board
substantially concurred with the comments and findings
contained in the report of the NDRB. The Board was unwilling
to grant any further relief because of your one nonjudicial
punishment and conduct mark average of 3.5. A conduct mark
average of 4.0 was required for a fully honorable discharge.
In view of the above, your application for relief beyond that
effected by NDRB 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,

4 |
W. DEAN PFEIF

Executive Dire

 

 

Enclosures

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