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NAVY | BCNR | CY2002 | 04638-02
Original file (04638-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 
29 January 2003

4638-02

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 23 January 2003.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Navy on 17 October 1984 at the age of 19. On
15 January 1985 you received nonjudicial punishment (NJP) for
larceny and were awarded a $300 forfeiture of pay, a portion of
which was suspended for six months.

The punishment imposed was reduction to  

paygrade  E-l, a

On 7 October 1987 you

On 2 December 1986 and again on 29 January 1987 you received NJP
for three periods  of absence from your appointed place of duty
and failure to obey a lawful order.
received NJP for two periods of absence from your appointed place
of duty.
$658 forfeiture of pay, and restriction and extra duty for 30
days.
months.
your fifth NJP for two periods of absence from your appointed
place of duty, two specifications of failure to obey a lawful
order, and dereliction of duty.
duty and restriction for 45 days and a $658 forfeiture of pay.
The suspended reduction awarded at the 7 October 1987 NJP was
also vacated at this,time.

Shortly thereafter, on 28 October 1987, you received

The reduction and forfeitures were suspended for six

The punishment imposed was extra

On 29 October 1987 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of a serious offense.
waived your right to consult with legal counsel and to present
On 4 November
your case to an administrative discharge board.
1987 your commanding officer recommended an other than honorable
discharge by reason of misconduct due a pattern of misconduct and
commission of a serious offense.
discharge authority directed an other than honorable discharge by
reason of misconduct, and on 25 November 1987 you were so
discharged.

On 11 November 1987 the

At that time you

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contentions that your problems were caused by alcoholism and you
were having marital problems.
these factors and contentions   were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in five  
Further, there is no
evidence in the record to support your contentions, and you
submitted  no such evidence.
been denied.

Accordingly, your application has

Nevertheless, the Board concluded

NJPs.

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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