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 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 6367-01
4 April 2 0 0 2
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1 5 5 2 .
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 April 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 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 1 0 June 1 9 8 2 at
age 1 9 . The record reflects that you received four nonjudicial
punishments. The offenses included assault, conspiring to make a
false official statement, making a false official statement,
falsely accusing another individual of raping a woman, forgery,
and stealing from a fellow Sailor.
On 4 April 1 9 8 4 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. When informed of the recommendation, you
elected to waive the right to present your case to an
administrative discharge board. After review by the discharge
authority, the recommendation for separation was approved and you
were discharged on 2 0 April 1 9 8 4 with an other than honorable
discharge by reason of misconduct due to a pattern of misconduct.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given the serious nature of your misconduct and since you
r~cnived four disciplinary actions within a period of less than
two years. Therefore, the Board concluded that no change to the
discharge is 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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