DEPARTMENT OF THE NAVY
BOARD FORCORRECTION
OFNAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 2009-01
16 August 2001
Dear
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 16 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 20 August 1984 for four years at age
The record shows that you served without incident for about
22.
34 months.
punishment
duty.
from ET3 (E-4) to ETSN (E-3).
another NJP for two instances of failing to go to your appointed
place of duty.
ETSN.
misconduct could lead to discharge processing.
later, on 17 June 1988 you received NJP for a period of
unauthorized absence and disobedience.
That same day you were counseled and warned that further
Seventeen days
However, on 8 June 1987 you received nonjudicial
(NJP) for failure to go to your appointed place of
The punishment imposed was a suspended reduction in rate
On 20 May 1988 you received
The punishment imposed was a reduction in rate to
_
Based on the foregoing record, you were processed for an
administrative discharge due to a pattern of misconduct.
time, you stated
Subsequently, the discharge authority directed a general
discharge by reason of misconduct and you were so discharged on 1
July 1988.
"1 do not object to this separation."
At that
In your application, you request a correction to the record to
show that you were not reduced from ET3 to ETSN.
that the record shows that you were suffering from emotional
problems and accordingly a reduction in rate was too severe.
However, the Board noted that there is nothing in your service or
medical records to show that you were suffering from emotional
problems. The Board also noted that NJP evidence is routinely
destroyed after two years and the facts and circumstances which
led to the NJP are unknown.
committed multiple instances of misconduct, the Board concluded
that the commanding officer did not abuse his discretion when he
reduced you in rate on 20 May 1988.
Since the record shows that you
You contend
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
2
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