DEPARTMENT OF THE NAVY
BOARD
FOFI CORRECTION OF
NA’IAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
CRS
Docket No: 804-01
11 June 200 1
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552..
10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 30 May 200:L.
injustice were reviewed in accordance with administrative
applicable to the proceedings of this
regulations and procedures
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 consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
enlisted in the Navy on 22 September
The record reflects that on 19 December 1995 you
The Board found that you
1994 at age 19.
were convicted by civil authorities of driving under the
influence of alcohol.
12 months and $150 fine.
convicted by civil authorities of reckless driving.
sentenced you to a $350 fine and a suspended license.
Th;e court sentenced you to probation for
The court
On 12 February 1997 you were again
t:han honorable! discharge by reason of
On 14 May 1997 the commanding officer recommended that you be
separated with an other
When informed of the
misconduct based on civil conviction.
recommendation, you elected to waive
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge on 30 May 1997.
y'our right to present your
After review by the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
as your youth and immaturity
such
and good postservice conduct.
these factors were not sufficient to
of your discharge, given the seriousness of both civil
convictions.
Accordingly, your application has been denied.
names and votes of the members of the panel will be furnished
upon request.
However, the Board concluded that
w,arrant recharacterization
The
of your case are such that
It is regretted that the circumstances
You. are entitled to have the
favorable action cannot be taken.
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
2
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