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

SJN
Docket No: 05575-07
24 March 2008

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 18 March 2008. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 16 July 1990 at age 18. On 31 October 1991, you received nonjudicial punishment (NJP) for possessing alcoholic beverages in the barracks, underage drinking, and allowing unauthorized personnel in the barracks. You were also counseled and warned that further misconduct could result in administrative discharge action. On 5 August 1992, you received a second NJP for seven specifications of failure to attend physical training.

You were notified of pending administrative separation action by reason of-misconduct due to commission of a serious offense. After being advised of your procedural rights, you waived the right to an administrative discharge board. On 18 August 1992, your commanding officer forwarded his recommendation for separation, and on 1 September 1992 the discharge authority directed that you be separated for misconduct with a general discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and contentions you were denied representation during both -of your NJP’s, and were under medical care at the time of the alleged offenses that resulted in your second NJP. Nevertheless, the Board found that these factors were not sufficient to warrant removing any NJP from your official record. With regard to your contentions, there is no evidence in the record to support them, and you submitted no such evidence. 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 injustice.

Sincerely,

W. DEAN PFEIFFER
  Executive Director