D E P A R T M E N T O F THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L 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
WMP
Docket No: 0133-02
14 June 2002
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 12 June 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 materizl 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 12 September
1989 for four years at age 18. You served without incident
until 13 January 1992, when you received nonjudicial punishment
(NJP) for disrespect to a senior petty officer, underage
drinking, and drunk and disorderly conduct. Punishment imposed
was forfeiture of $393 per month for two months, 45 days
restriction and extra duty, and a reduction in rate. The
forfeitures and the reduction were suspended for six months.
Additionally, you were counseled and warned concerning your
deficiencies, informed of the necessary corrective action and
told about assistance that was available to you, and advised
that further misconduct could result in processing for
administrative separation.
On 7 April 1992, due to your continued misconduct, the
previously suspended punishment from the NJP of 13 January 1992
was vacated. Additionally, you received NJP on that date for
failure to be at your appointed place of duty, failure to obey a
lawful order, and drunk on duty. *Punishment imposed was a
forfeiture of $393 per month for two months, 60 days
restriction, and reduction in rate.
On 15 April 1992, you again received NJP for failure to be at
your appointed place of duty, breaking restriction, drinking in
a restricted status, wearing civilian clothes, not remaining in
location during prescribed time and missing four musters.
Punishment imposed was 45 days of restriction and extra duty.
On 15 April 1992, you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct. You were advised of and waived all of your
procedural rights, except the right to obtain copies of the
documents supporting the proposed separation.
On 29 April 1992 the separation action was forwarded to the
Chief of Naval Personnel for final action and on 5 June 1992,
your discharge was directed under other than honorable
conditions by reason of misconduct. On 26 June 1992 you were so
discharged.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your contention that
you ability to serve was impaired by your youth and immaturity,
personal problems and your use of alcohol. However, the Board
concluded that the record fully supported processing for
separation due to a pattern of misconduct as evidenced by your
three NJP's for numerous offenses. Furthermore, the Board
concluded that your discharge under other t h q n honorable
conditions was appropriate, based on your NJP's, and your
complete disregard for regulations, as evidenced by the serious
nature of your offenses. Finally, alcohol abuse is not an
excuse for misconduct, and separation under other than honorable
conditions may be directed as a result of such offenses.
Finally an RE-4 reenlistment code is required when an individual
is separated by reason of misconduct. 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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