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Decision Text

NAVY | BCNR | CY2002 | 00133-02
Original file (00133-02.pdf) Auto-classification: Denied
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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