DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
RECORbS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6699-00
18 April 2001
Your allegations of error and
application for correction of your
provisions of Title 10, United
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 April 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in 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 15 August 1989
at age 18.
nonjudicial punishments.
The offenses consisted of four brief
absences, failure to obey a lawful order on three occasions,
dereliction of duty, and two instances of disrespect.
.*
On 30 January 1994 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to commission of a serious offense.
When informed
of the recommendation, you elected to waive your right to present
your case to an administrative discharge board.
After review by
the discharge authority,
the recommendation for separation was
approved and you were. discharged with an other than honorable
discharge on 21 March 1994.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity, length of service, and the relatively minor nature of
most of your offenses.
The record reflects that you received three
However, the Board concluded that these
.r
--
Therefore, the Board concluded that no change to
Accordingly, your application has
The names and votes of the members of the panel
factors were not sufficient to warrant recharacterization of your
discharge, given your three disciplinary actions for ten separate
infractions.
the discharge is warranted.
been denied.
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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