DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
18 November 2002
4861-c
32
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,
application on 14 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.
Documentary material considered by the Board consisted
Your allegations of error and
considered your
,
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 25 September
1985 for four years at age 18.
You served without incident
until 11 April 1986, when you received nonjudicial punishment
(NJP) for assault and communicating a threat. The punishment
imposed was forfeitures of $300 per month for two months and 60
days of restriction.
On 21 May 1986 you were convicted by summary court martial of
seven specifications of failure to go to your appointed place of
duty and two specifications of failure to obey a lawful order.
You were sentenced to 30 days of confinement at hard labor and a
forfeiture of $426.
approved the adjudged sentence and ordered its execution.
On 9 June 1986, the convening authority
On 21 May 1986, you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct and commission of serious offense.
of and waived all of your procedural rights except the right to
obtain copies of documents supporting the basis for the proposed
separation.
You were advised
On 13 June 1986, your proposed administrative separation was
forwarded to the Commander,
Naval Military Personnel Command
(CNMPC).
than honorable conditions,
discharged.
On 27 June 1986 CNMPC directed discharge under other
and on 1 July 1986 you were so
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that your actions were a direct
result of sexual harassment.
other than honorable discharge was appropriate, based on your
NJP and court martial conviction.
to provide any evidence to support your contention that sexual
harassment existed at your command.
harassment was present,
mitigate your instances of misconduct.
application has been denied.
of the panel will be furnished upon request.
that would not necessarily excuse or
Accordingly, your
The names and votes of the members
However, the Board found that your
Additionally, you have failed
Furthermore, even if sexual
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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