DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 1137-01
26 July 2001
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 17 July 2001.
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 consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of'probable material error or
injustice.
The Board found you enlisted in the Navy on 7 April 1981 at the
age of 24.
Your record reflects that you served for two years
and five months without disciplinary incident.
During this
period you received a Navy Achievement Medal for outstanding
performance of duty.
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty, failure to obey a lawful order, and disrespect.
The punishment imposed was a suspended reduction in rate.
On 12 September 1983 you received
Your record further reflects that during the period from 14 June
to 18 July 1984 you received NJP on three other occasions for
failure to go to your appointed place of duty, two specifications
of disobedience, three specifications of absence from your
appointed place of duty, and two specifications of failure to
obey a lawful order.
On 23 July 1984 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and a pattern of misconduct.
After consulting
with legal counsel you elected to present your case to an
administrative discharge board (ADB).
recommended a general discharge by reason of misconduct.
Subsequently, the discharge authority directed a general
discharge by reason of misconduct and on 22 October 1984 you were
so discharged.
On 3 September 1984 an ADB
However, the Board concluded these factors and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, period of good service, and your
contention that due to being harassed, you were unfairly
discharged.
contention were not sufficient to warrant recharacterization of
your discharge because of the seriousness of your repetitive
misconduct which resulted in four
noted that there is no evidence in the record, and you submitted
none, to support your contention of harassment.
Given all the
circumstances of your case,
the Board concluded your discharge
was proper as issued and no change is warranted.
Accordingly,
your application has been denied.
NJPs.
Additionally, the Board
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
2
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