DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 1909-02
10 July 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 9 July 2002.
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 material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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.
You were released from active duty on 27 September 1982.
offense.
On 10
May 1983, you reenlisted in the Navy for six years.
period 11 August 1983 to 28 February 1985, you received
nonjudicial punishment on four occasions.
instances of failure to go to your appointed place of duty,
disobedience, communicating a threat, theft of two boxes of hit
chocolate, leaving your post without authority, and unlawful
entry into the coffee mess with intent to commit a criminal
Based on the foregoing record, you were processed for an
administrative discharge.
discharge board
misconduct and recommended a general discharge.
the discharge authority,
were issued a general discharge on 30 May 1985.
this recommendation was approved.
After review by
You
(ADB) found that you had committed a pattern of
Subsequently, an administrative
In its review of your application the Board carefully weighed all
potentially mitigating factors,
service and your contention, in effect, that the ADB recommended
your retention in the Navy and you were only issued a general
discharge because you did not want to continue in the Navy.
such as your prior honorable
The
Board found that these factors and contentions were
sufficient to warrant recharacterization of your discharge given
There is no evidence in the record,
your record of misconduct.
to overcome the evidence that the
and you have submitted none,
The
ADB recommended a general discharge, which was approved.
Board believed that you were fortunate to have received a general
discharge since a discharge under other than honorable conditions
could have been recommended by the ADB and approved by the
The Board concluded that the general
discharge authority.
discharge was proper as issued and no change is warranted.
not
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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