DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N OF NAVAL R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
T JR
Docket No: 6070-01
12 March 2002
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 5 March 2002. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Naval Reserve on 31 October
1985 at the age of 17, and on 28 July 1986 you began a three year
period of active duty. Your record reflects that you served for
about two years and five months without disciplinary incident,
but on 5 May 1988 you received nonjudicial punishment (NJP) for
a 49 day period of unauthorized absence (UA) and two periods of
absence from your appointed place of duty. The punishment
imposed was reduction to paygrade E-2 and a forfeiture of pay.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to commission of a serious offense as
evidenced by the 5 May 1988 NJP. At that time you waived your
rights to consult with legal counsel and to present your case to
an administrative discharge board. Your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to commission of a serious offense. The discharge
authority approved the foregoing recommendation and on 23 May
1988 you were so discharged and assigned an RE-4 reenlistment
code.
Your record also reflects that on 29 January 1996 the Naval
Discharge Review Board (NDRB) upgraded the characterization of
your discharge to general under honorable conditions. However,
the narrative reason for separation remained the same and you
were advised that NDRB could not change your reenlistment code.
On 26 March 1996, this Board denied your requests for further
recharacterization of your service, and changes in your narrative
reason for separation and reenlistment code. Subsequently, you
submitted an application for reconsideration of your case based
on your post service conduct, to include reenlistment in the
Naval Reserve.
In reconsidering your entire record and application the Board
carefully weighed all potentially mitigating factors, such as the
NDRB decision to upgrade your discharge and the foregoing
reenlistment. The Board, however, concluded these factors were
not sufficient to warrant further recharacterization of your
discharge or change your narrative reason for separation or
reenlistment code since they were properly assigned at the time.
Given all the circumstances of your case, the Board concluded the
your discharge, narrative reason for separation, and reenlistment
code were proper and no changes are warranted. Accordingly, your
application has been denied.
The names 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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