DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
WMP
Docket No:
5 September 2002
3420-02
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 5 September 2002.
injustice were reviewed in accordance with administrative
regulations and
Board.
of your application, together with all material submitted in
Documentary material considered by the Board consisted
procedures.applicable to the proceedings of this
Your allegations of error and
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 14 December
1998 for four years at age 19.
You served without incident
until 8 June 1999, when you received nonjudicial punishment for
two instances of failure to be at your appointed place of duty.
The punishment imposed was a forfeiture of $150.
Your record further reflects that on 5 August 1999 you were
convicted by a summary court-martial of failure to be at your
appointed place of duty, disobeying an officer, disrespect to a
chief petty officer, underage drinking,
and assaulting another
individual by hitting him in the face.
You were sentenced to a
forfeiture of $300 and 15 days of confinement.
1999, the
ordered its execution.
convening_authority approved the adjudged sentence and
On 13 August
On 8 September 1999 you were notified that separation action was
being initiated by reason of misconduct due to commission of a
serious offense and a pattern of misconduct.
of and waived all of your procedural rights.
You were advised
On 13 September 1999, your proposed administrative separation
was forwarded to the discharge authority, who directed
discharge under other than honorable conditions.
September 1999 you were so discharged.
On 29
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your feelings that you were cheated out of your
career due to lack of help from your supervisors.
Board found that your other than honorable discharge was
appropriately issued, based on your summary court-martial
conviction and NJP which included instances of unlawful use of
alcohol, failure to be at your appointed place of duty, and
striking another individual.
evidence, and the record contains none to support your
contention of a problems with your supervisors.
your application has been denied.
members of the panel will be furnished upon request.
Accordingly,
The names and votes of the
Further, you have submitted no
However, the
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or.other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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