DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
22 May 2002
692-02
This is in reference to your application for correction of your
naval record pursuant to the provisions 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 21 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 15 July 1988 at the age of 17.
record reflects that you served for two years and five months
without disciplinary incident but during the period from 25
January to 18 October 1991 you received nonjudicial punishment
(NJP) on four occasions for failure to pay just debts,
drunkenness, four specifications of failure to obey a lawful
order, and two specifications of disorderly conduct.
On 20
December 1991 you were convicted by special court-martial (SPCM)
of dereliction in the performance of your duties, communicating
threat, and theft of military property.
You were sentenced to
confinement for four months,
reduction to
a $3,012 forfeiture of pay, and
paygrade E-l.
Your
a
On 3 February 1992 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense.
At that time you waived your rights to consult
with legal counsel and to present your case to an administrative
discharge board.
On 10 July 1992 your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to commission of a serious offense, and on 25
On 11 September
Nevertheless, the Board
August 1992 the discharge authority directed an other than
honorable discharge by reason of misconduct.
1992 you were so discharged and assigned an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your overall
service and commitment to duty far outweighed your youthful
indiscretions.
It also considered your contention that your
troubles were the result of inappropriate and discriminatory
behavior on the part of your superiors.
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge or a change of your
reenlistment code because of the seriousness of your repetitive
misconduct, which resulted in four
conviction.
misconduct must receive an RE-4 reenlistment code.
The Board
noted that there is no evidence in the record, and you submitted
none, to support your contention of inappropriate or
discriminatory behavior from your superiors.
April 1992, the Naval Inspector General found that your
allegations were unsubstantiated.
has been denied.
Further, an individual separated by reason of
NJPs and a court-martial
Additionally, on 7
Accordingly, your application
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
2
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