DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
9 September
6722-01
2002
10, United
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 31 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
materia.1 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
Documentary
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to
error or injustice.
estab-lish the existence of probable material
The Board found that you enlisted in the Navy on 15 September
1989.
The record reflects that you received four nonjudicial
punishments.
place of duty on two occasions, being out of uniform, willful
disobedience of a lawful order on two occasions, disrespect on
three occasions, and damaging government property.
The offenses included absence from your appointed
On 26 October 1991 the commanding officer recommended that you be
separated with a general discharge by reason of misconduct due to
a pattern of misconduct.
you elected to waive the right to present your case to an
administrative discharge board.
authority, the commanding officer's recommendation for separation
was approved, but a discharge under other than honorable
conditions was directed.
December 1991 with an other than honorable discharge.
When informed of the recommendation,
Accordingly, you were discharged on 13
After review by the discharge
In its review of you; application the Board carefully weighed
potentially mitigating factors,
such as your youth and
all
immaturity, and the letters of reference you submitted.
the Board concluded that these factors
warrant recharacterization of your discharge or a change in the
reason for discharge, given your four disciplinary actions during
Therefore, the Board
an enlistment that lasted about 27 months.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
were not sufficient to
However,
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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