DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 5835-01
7 December 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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
4 December 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.
considered your application on
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 11 January 1983 for four years at age
19. The record reflects that you were advanced to SA (E-2) and
served for nearly 10 months without incident.
the 13 month period from November 1983 to December 1984 you
received five nonjudicial punishments (NJP).
consisted of stealing personal property, two periods of
unauthorized absence (UA) totaling about 22 hours, two instances
of disobedience, missing ship's movement, and wrongful
appropriation of a dress uniform belonging to another Sailor.
After your second NJP, you were formally counseled regarding your
misconduct and warned that failure to take corrective action
could result in administrative separation under other than
honorable conditions.
However, during
Your offenses
On 21 December 1984 you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct.
You were advised of your procedural rights and that
if the discharge was approved, it could be under other than
honorable conditions.
or submit a statement in your own behalf,
present your case to an administrative discharge board (ADB).
Thereafter, the commanding officer recommended discharge under
other than honorable conditions by reason of misconduct.
The
Chief of Naval Personnel approved the recommendation and you were
so discharged on 16 January 1985.
You declined to consult with legal counsel
and waived the right to
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
low test scores, and the fact that it has been nearly 17 years
since you were discharged.
factors were insufficient to warrant recharacterization of the
discharge given your record of five
The Board noted the
aggravating factor that you waived your right to an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions.
probative evidence nor a convincing argument in support of your
application.
much misconduct in only 23 months of service to warrant
recharacterization to honorable or under honorable conditions.
The Board thus concluded the discharge was proper and no change
is warranted.
names and votes of the members of the panel will be furnished
upon request.
The Board concluded that you were guilty of too
Accordingly, your application has been denied. The
The Board concluded that these
NJPs.
You have provided neither
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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