DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
TRG
Docket No:
29 April 1999
625-98
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 27 April 1999.
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.
Your allegations of error and
After careful and conscientious
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
considerati.on of the entire
The Board found that you enlisted in the Naval Reserve on 27 July
1991 at age 19 and reported to active duty on 10 October 1995.
During the period from 17 September 1996 to 25 October 1996 you
received nonjudicial punishment on three occasions.
offenses were six instances of absence from your appointed place
of duty, five instances of disobedience and disrespect, and use
of indecent language.
absentee for about three days from 25 to 28 November 1996.
Subsequently, you were an unauthorized
Your
On 2 December 1996 you received your fourth nonjudicial
punishment for two periods of unauthorized absence totaling 4
days, disobedience and use of provoking words.
acknowledged that you were being processed for discharge by
reason of misconduct and
administrative discharge board (ADB).
,requested that your case be heard by an
That same day you
On 8 January 1997 you were diagnosed with an unspecified
personality disorder with narcissistic, histrionic and
schizotypal features.
responsible for your actions and concluded that administrative
processing was appropriate.
The psychiatrist found that you were
On 10 January 1997 the ADB found that you had committed a pattern
of misconduct and recommended a general discharge.
by the discharge authority,
this recommendation was approved.
After review
At that
You were issued a general discharge on 27 January 1997.
time you were not recommended for reenlistment and were assigned
an RE-4 reenlistment code.
In your application you are requesting removal of the nonjudicial
punishments from your record and a change in the reenlistment
that your knee injury prevented
code.
you from doing many shipboard tasks but the command thought that
you were malingering and harassed you to build a case for
discharge.
You contend, in effect,
The Board requested the nonjudicial punishment evidence from your
The Board was aware that
command, but no response was received.
nonjudicial punishment evidence is routinely destroyed after two
years, and it was determined that any further attempt to obtain
However, the Board is also aware
that evidence would be futile.
that during the nonjudicial punishment proceedings you would have
had an opportunity to give your version of events to the
Since there is no evidence that the
commanding officer.
commanding officer abused his discretion, the Board concluded
that the nonjudicial punishments should not be removed from your
record.
not too severe given the offenses committed.
The Board further concluded that the punishments were
Concerning the discharge processing, the
record of four nonjudicial punishments for multiple offenses was
sufficient to support discharge processing due to a pattern of
misconduct.
misconduct but recommended a general discharge.
discharge under other than honorable conditions was authorized,
the Board believed that you were fortunate to have a general
discharge and the ADB recommendation meant that considerable
clemency was granted in your case.
Further, an ADB found that you had committed
Since a
Bo‘ard noted that a
Regulations require the assignment of an
when an individual is discharged by reason of misconduct.
you have been treated no differently than others discharged for
that reason, the Board could not find an error or injustice in
the assignment of the RE-4 reenlistment code.
EXE-4 reenlistment code
Since
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
3
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