DEPARTMENT OF THE NAVY
BOARD
FOFI CORRECTION OF
NA’IAL RECORD
S
2 NAVY ANNE
X
WI\SHINGTON DC 20370.510
0
TJR
Docket No: 8705-00
11 June 2001
This is in reference to your application for correction of your
naval record pursuant to the provision:; 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 June 2001..
injustice were reviewed in accordance
applicable to the proceedings of this
regulations and procedures
Board.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
applic,able statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
'dith administrative
and
After careful and conscientious
record, the Board found the evidence
to establish the existence of probable material error or
injustice.
consid'aration of the entire
s,Jbmitted was insufficient
Your record reflects that on 2 February 1995 you
The Board found you enlisted in the
the age of 20.
received nonjudicial punishment (NJP) for failure to obey a
lawful order.
pay and restriction and extra duty for 45 days.
1995 a civil court found that you had improperly failed to pay
rent.
ordered to pay $551.25 and court costs.
A deferred judgment was entered against you, and you were
The punishment imposed was a $790.20 forfeiture of
Na,uy on 21 October 1994 at
On 7 December
Your record further reflects that on 24 April 1997 you were
notified of pending administrative separation action by reason of
misconduct due to commission of a serious offense as evidenced by
self admitted spousal abuse.
you submitted a written statement in rebuttal to the discharge.
The commanding officer recommended you be issued a general
discharge by reason of misconduct.
approved this recommendation and directed a general discharge by
reason of misconduct due to commission of a serious offense, and
on 9 May 1997 you were so discharged.
After consulting with legal counsel
The discharge authority
enti:ce record and application,
narrati.re reason for separation and
war.rant a change in the
specifically, your spousal
However, the Board concluded these factors and
The Board, in its review of your
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that because of
your divorce proceedings your
reenlistment code should be changed to hardship and RE-3,
respectively.
contention were not sufficient to
narrative reason for separation or reenlistment code because of
the serious nature of your misconduct,
abuse.
Further, the Board noted that there is no evidence in your
record, and you submitted none, to
support your contention.
an individual is discharged by reason of misconduct, an RE-4
reenlistment code is required.
your case, the Board concluded your
separation and reenlistment code were proper and no change is
warranted.
The Board also noted the other misconduct of record.
Given all the circumstances of
n,arrative reason for
Accordingly, your application has been denied.
When
’
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 suomission 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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