DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
9 December 2002
5204-t
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, considered your
application on 4 December 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,
policies.
Documentary material considered by the Board consisted
and applicable statutes, regulations and
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.
The Board found that you enlisted in the Navy on 24 February
1989 for four years at age 20.
May 1990 to November 1992 you were convicted by civil
offences were three
authorities on nine occasions.
instances of failure to appear and driving on a suspended
license, disorderly conduct, defective equipment, expired
registration and vehicle inspection, contempt of court, and
trespassing.
The record reflects that
The
betwee
Your record further shows that on 10 July 1992, you received
nonjudicial punishment (NJP) for failure to go to your appointed
The punishment imposed was a forfeiture of $100
place of duty.
and reduction to
paygrade E-3, which was suspended for six
months.
On 17 September 1992, the suspended reduction to
Your record further reflects that you were an unauthorized
absentee from 14 September to 23 November 1992, a period of 70
days.
E-3 from the 10 July 1992 NJP was vacated due to your continued
misconduct. A review of record indicates that no other
disciplinary action was taken for this period of unauthorized
absence.
paygrade
On 15 October 1992, you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct and commission of a serious offense.
You were
advised of and elected to retain all of your procedural rights
on 30 November 1992.
On 10 December 1992, an administrative discharge board (ADB) was
convened and found that you had committed misconduct due to a
pattern of misconduct, but had not committed misconduct by
reason of the commission of a serious offense.
recommended your retention on active duty.
The ADB
On 22 December 1992 your commanding officer forwarded your
discharge package to the Chief of Naval Personnel
(CNP),
recommending your retention on active duty.
CNP approved the commanding officer's recommendation and
directed your retention on active duty.
On 11 March 1993
On 5 May 1993,
transferred to the Naval Reserve and were assigned an RE-4
reenlistment code.
you were honorably released from active duty and
However, the Board concluded that your reenlistment
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity.
code was appropriately assigned based on your extensive record
of civilian and military misconduct.
Additionally, the Board
found that you were fortunate to have been retained and not
discharged for misconduct, which the ADB found you had
committed.
names and votes of the members of the panel will be furnished
upon request.
your application has been denied.
Accordingly,
The
2
You are entitled to have
In this regard,
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
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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