DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 1888-01
27 August 2001
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
22 August 2001.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Naval Reserve on 14 September 1994 for eight
years at age 25.
active duty for four years in the Training and Administration of
Reserves Program.
On 14 November 1994 you and were ordered to
The record reflects that on 26 June 1995 you were advised that
you did not meet the Navy's weight and body fat standards and
would be enrolled in the command's remedial physical conditioning
program until the next official physical readiness test (PRT).
You were warned that if you had more than two failures within the
next four years, you would be processed for administrative
separation.
You served for the next 16 months without incident.
during the six month period from October 1996 to March 1997, you
received two nonjudicial punishments (NJP) for communicating a
threat, insubordination, dereliction of duty and malingering.
However,
On 4 April 1997 you were advised that you had accumulated your
third PRT failure in a 4-year period due to exceeding weight and
body fat limits.
Your body fat at that time was measured at 39
percent.
On 28 August 1997 you were formally counseled regarding
disrespectful conduct that culminated in an assault of your
roommate.
telling a petty officer that you might injure the officer.
counseling statement noted that you were a malingerer by not
participating in the command's physical readiness program, but at
the same you were conducting sparring sessions and exhibitions in
martial arts.
You also expressed anger at a commissioned officer by
The
On 10 September 1997 you received your third NJP for dereliction
of duty.
Punishment imposed is not shown in the record.
You waived the right
On 12 November 1997 you were notified that you were being
recommended for a general discharge by reason of weight control
failure and misconduct due to commission of a serious offense.
You were advised of your procedural rights.
to have your case reviewed by the general court-martial convening
authority but did submit a statement in your own behalf.
statement, you asserted that separation was improper because you
were not counseled or given an opportunity to overcome your
deficiencies, were forced to go to mandatory physical training
despite having a light duty chit,
and that your PRT record was
inaccurate.
In his recommendation for discharge, the commanding
officer stated that you had a long history of conflicts with your
co-workers and disrespect to peers and superiors.
your problems in the work center,
you failed to maintain weight
standards.
On 3 December 1997 the commanding officer directed a
general discharge by reason of misconduct due to commission of a
serious offense.
You were so discharged on 8 December 1997.
In addition to
In that
On 21 December 2000 the Naval Discharge Review Board denied your
request for an upgrade of your discharge on 21 November 2000.
In its review of your application the Board conducted a careful
search for any mitigating factors which might warrant a
recharacterization of your general discharge.
application does not clearly set forth your contentions, the
Board concluded that the characterization of your discharge was
appropriate given your record of three
you received considerable consideration when the commanding
officer directed a general discharge, since most individuals with
records such as yours are discharged under other than honorable
conditions.
Although you could have been discharged for weight
control failure, regulations authorized the commanding officer to
Although your
The Board believed
NJP's.
2
direct separation for the most appropriate reason, which was
misconduct.
and no change is warranted.
been denied. The names and votes of the members of the panel will
be furnished upon request.
The Board thus concluded the discharge was proper
Accordingly, your application has
It is regretted that the circumstances of your case are such that
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
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