DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
12 November 2002
4561-02
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 6 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
materi'al considered by the Board consisted
Your allegations of error and
Documentary
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 served without incident until 27 February 1996,
The Board found that you reenlisted in the Navy on 9 September
1994 for four years after over four years of prior active
service.
when you were convicted by a special court martial of three
instances of filing false and fraudulent claims in the amount of
The punishment imposed was confinement at hard labor
$3,627.40.
for three months and reduction to
1996 the convening authority approved the adjudged sentence but
suspended the reduction for a period of six months.
paygrade E-l.
On 23 April
On 21 March 1996, you were notified that separation action was
being initiated by reason of misconduct due to the commission of
a serious offense.
all of your procedural rights on 24 May 1996.
You were advised of and elected to retain
(ADB) was
The ADB found that you had committed misconduct by
On 24 May 1996, an administrative discharge board
convened.
reason of commission of a serious offense and recommended a
general discharge but further recommended the separation be
suspended for a period of 12 months.
On 30 May 1996 your commanding officer forwarded your discharge
package to the Chief of Naval Personnel
(CNP) recommending an
unsuspended general discharge.
commanding officer's recommendation and directed your general
discharge by reason of misconduct due to commission of a serious
offense and the assignment of an RE-4 reenlistment code.
September 1998, you were so discharged.
On 22 July 1996 CNP approved the
On 15
However, the Board concluded that your
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, the fact that you served almost six years without
misconduct,
and your contention that the ADB recommended a 12
month suspension of your discharge and you were not given your
due process rights.
processing for misconduct by reason of the commission of a
serious offense was appropriate based on your special court
martial conviction for three instances of filing false and
fraudulent claims, as was your general discharge and RE-4
reenlistment code.
officer's recommendation to CNP,
concur with the ADB recommendation to suspend your discharge for
a period of 12 months.
recommendation and directed your discharge by reason of
misconduct.
only the
separation authority.
by CNP does not constitute a violation of an individual's due
process rights.
Accordingly, the Board found that you were
afforded your due process rights and that your discharge was
appropriate.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.
ADB's recommendation and was not binding on the
The recommendation for a suspended sentence was
Disapproval of the
ADB's recommendation
Furthermore, the Board noted the commanding
which stated that he did not
Further, CNP concurred with this
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
You are entitled to have
In this regard,
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
Sincerely,
W. DEAN PFEIFFER
Executive Director
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