DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 4220-01
26 December 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 6 December 2001. Your allegations of error and
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. In addition, the Board
considered the comments of your counsel.
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 6 March 1986. You received nonjudicial
punishment on two occasions for multiple offenses, to include failures to obey lawful orders
and regulations, using provoking words, communicating threats, assault, resisting
apprehension, and being drunk and disorderly. On 8 June 1987, you were discharged under
other than honorable conditions by reason of misconduct/commission of a serious offense.
The Board rejected your contention to the effect that your acts of misconduct were the result
of attention deficit disorder and learning disabilities.
extensive disciplinary record, the absence of significant evidence in extenuation or mitigation
thereof, and your limited period of creditable service, your service was appropriately
characterized with a discharge under other than honorable conditions. The fact that you
would become eligible for additional benefits administered by the Department of Veterans
Affairs if your discharge were to be upgraded was considered insufficient to warrant any
corrective action in your case. Accordingly, your application has been denied. The names
It concluded that in view of your
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
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