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NAVY | BCNR | CY2010 | 12326-10
Original file (12326-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 12326-10
7 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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 February 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.

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 10 August
1993. On 3 October 1996 you received nonjudicial punishment for
two periods of unauthorized absence and making a false efficial
statement. On 22 October 1996 you were concerning your failure
to pay just debts and later counseled as to your failure to go to
appointed place of duty and insubordination.

On 6 December 1996 your commanding officer recommended that you
be separated from the Navy with a general discharge by reason of
misconduct due to the commission of a serious offense. After
review by the discharge authority, the recommendation for
separation was approved and on 20 December 1996 you were
separated with a general discharge.

The Board carefully considered your contention to the effect that
your discharge should be upgraded because you were discharged due
to a one time act of financial misconduct, and the passage of
time, but it found those factors insufficient to warrant any
corrective action in your case. Accordingly, and as you have not
demonstrated that your discharge is erroneous or unjust, 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,

Yo aac

W. DEAN PFEIIRFE
Executive Dilfrac

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