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NAVY | BCNR | CY2011 | 06833-11
Original file (06833-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

RDZ:ecb
Docket No. 06833-11
19 August 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 10
August 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 che evidence submitted was insufficient’ to
establish the existence of probable material error or injustice.

You enlisted in the Navy on 30 June 1999 for a term of four years.
You served for nearly three years and five months and were discharged
on 22 November 2002 based on a diagnosed condition that rendered you
unsuitable for military service but did not amount to a disability.
Under such circumstances Bureau of Naval Personnel Instruction
1900.8 states that in order to receive a fully honorable discharge
the service member must have at least a grade of 2.5 in conduct. Your
grade was 2.0 and undoubtediy attributable to the two non-judicial
punishments you received between August 2001 and June 2002.

In its review of your. application the Board conciuded that due to
the fact that you failed to attain minimum conduct grade of 2.5 your
discharge was proper as issued. Clearly you were treated no
differently than any other Sailor whose conduct grade fell below the

minimum required by the Navy.

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

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 suatice,

Sincerely,
\WQuan .

W. DEAN PFE
Executive Director

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