DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5881-01
13 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 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.
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 were commissioned as an ensign in the
Naval Reserve on 25 May 1995 at age 21.
You reported to active
duty on 13 August 1995.
The record reflects that on 7 May 1996
you received nonjudicial punishment for fraternizing with an
enlisted man in your command from January to April 1996.
punishment imposed consisted of a forfeiture of
month's pay.
Personnel, your commanding officer recommended against separation
action.
Nevertheless, on 30 July 1996 the Chief of Naval Personnel
initiated separation action.
On 19 September 1996 you requested
resignation in lieu of further separation processing.
The Chief
of Naval Personnel then recommended to the Secretary of the Navy
that your request be approved,
discharged by reason of misconduct due to commission of a serious
offense.
Assistant Secretary for Manpower and Reserve Affairs approved
your resignation and directed discharge.
The
one-ha1 of one
In forwarding your case to the Bureau of Naval
Accordingly, you were
On 4 November 1996, acting for the Secretary, the
and that you be honorably
The Board also noted your desire to
honorably discharged by reason of misconduct on 20 December 1996.
You did not receive a reenlistment code since officers do not
receive one.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as the circumstances
surrounding your offense, the favorable recommendation of your
command, and the fact that you have married the individual with
whom you fraternized.
improve your career opportunities.
However, the Board concluded
that these factors were not sufficient to warrant removal of the
nonjudicial punishment or a change in the reason for discharge.
Concerning your request for the removal of the 7 May 1996
nonjudicial punishment, the Board noted your contentions.
However, you have submitted no evidence, and record contains
none, to indicate that punishment was improper or inappropriate.
In this regard, it is clear that you committed the offense as
alleged.
Accordingly, your commanding officer did not abuse his
discretion in imposing the nonjudicial punishment, and it was not
Likewise, the reason for separation was proper and
unjust.
appropriate since you resigned in lieu of further separation for
substantiated misconduct.
Accordingly, your application has been denied.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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