DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 6554-00
2 1 September 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the 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 13 September 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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 underwent a pre-separation physical examination on 24 February
1988, and were found fit for separation.
You were discharged from the Navy under
time, with the exception of slight headaches.
other than honorable conditions on 2 March 1988, pursuant to your request for discharge in
lieu of trial by court-martial for multiple violations of the Uniform Code of Military Justice.
You indicated that you were in good health at that
In addition, it noted that as you were separated because of your own
The Board noted that there is no indication in the available records that you were unfit to
perform your duties because of a disability which was incurred in or aggravated by your
naval service.
misconduct, you would not have been entitled to disability evaluation processing even if you
had been questionably unfit for duty. The Board was not persuaded that your discharge
under other than honorable conditions was unjust.
service was properly characterized, given the serious nature of your misconduct, which
included threatening and being disrespectful to a medical officer, disrespect to and
disobedience of the orders of masters at arms, and failing to report for urinalysis testing and
In this regard, it concluded that your
a sweeping detail.
In view of the foregoing, 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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