Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
ELP
Docket No. 8559-98
19 April 1999
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 14 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 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 enlisted in the Navy on 7 October 1987
for four years as an FN (E-3).
The record reflects that on 30
October 1987 you were dropped from the Nuclear Power Program due
to use of marijuana while in the Delayed Entry Program.
On 7 July 1989, you missed ship's movement and were placed in an
unauthorized absence (UA) status until you surrendered on board
on 2 August 1989.
were being considered for discharge under other than honorable
conditions by reason of misconduct due to commission of a serious
On 21 August 1989, you received your second NJP for the
offense.
foregoing 26 day period of UA and missing movement.
Punishment
imposed was a reduction in rate to MMFA (E-2), forfeitures of
On 16 August 1989, you were notified that you
You were also formally counseled for possession of
order.
alcohol as a minor.
School and changed your rate to MMFN.
However, on 3 May 1988 you completed MM
"A"
You
served without incident until 4 March 1988 when you received
nonjudicial punishment (NJP) for failure to obey a lawful general
$376 per month for two months,
extra duty.
and 45 days of restriction and
On the date of your second NJP, you were advised of your
procedural rights with regard to administrative separation
processing; declined to consult with counsel, and waived your
Thereafter,
right to an administrative discharge board (ADB).
the commanding officer'recommended that you be discharged under
other than honorable conditions by reason of misconduct due to
commission of a serious offense.
Personnel Command approved the recommendation and directed an
other than honorable discharge by reason of misconduct.
The Commander, Naval Military
You were
so discharged on 14 September 1989.
NJPs in only 23 months of service.
The Board noted the
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
good post-service conduct, community service, college degree,
letters of reference, your statement in support of your
application, and the fact that it has been nearly 10 years since
you were discharged.
insufficient to warrant recharacterization of your discharge
given the serious nature of the offenses for which you received
two
aggravating factor that you waived your right to an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions.
separation was accomplished in compliance with applicable
regulations and there is indication of procedural errors which
would have jeopardized your rights.
discharge was proper and no change is warranted.
your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
Your administrative
Accordingly,
The Board concluded that the
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
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