DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4765-01
19 October 2001
Dear
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 October 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.
The record reflects that you received three
The Board found that you enlisted in the Navy on 19 August 1982
at age 24.
nonjudicial punishments and were convicted by a summary
martial.
The offenses included unauthorized absences
two days,
absence from your appointed place of duty, failure to
obey a lawful order, consuming alcohol in a restricted status,
drunk and disorderly conduct,
assault.
communicating a threat, and
court-
totalling
On 7 January 1985 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
alcohol dependency.
However, the recommendation was disapproved
by the discharge authority and it was directed that you be
reprocessed for discharge.
On 12 March 1985 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct and commission of a
serious offense.
It was also recommended that you be discharged
for alcohol abuse rehabilitation failure.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge by reason of misconduct due to a pattern of misconduct.
After review by the
When informed to the
In its review of your application the Board carefully weighed all
such as the contention that you
potentially mitigating factors,
believed that you would receive a general discharge.
However,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge, given your record
of frequent involvement with military authorities.
The Board
especially noted the fact that you were the subject of four
disciplinary actions within a period of less than three years.
In this regard, while it is clear that you were recommended for a
general discharge, it was disapproved and subsequently you waived
your procedural rights when recommended for an other than
honorable discharge.
that no change to the discharge is warranted.
application has been denied.
of the panel will be furnished upon request.
Based on the foregoing, the Board concluded
Accordingly, your
The names and votes of the members
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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