DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
28 February 2001
6853-00
--
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 27 February 2001.
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.
The forfeitures were suspended for two months.
The punishment imposed was a $1,260 forfeiture of pay,
The Board found you reenlisted in the Navy on 25 April 1990 after
Your record reflects that
six years of prior honorable service.
you continued to serve without disciplinary infraction until 7
January 1993 when you received nonjudicial punishment
disrespect, two specifications of wrongful and willful indecent
assault on a individual of the same sex,
conduct.
extra duty and restriction for 45 days, and a reduction to
paygrade E-4.
Subsequently, on 20 January 1993, you were notified of pending
administrative separation action by reason of misconduct due to
commission of serious offense and alcohol rehabilitation failure.
At that time you waived your right to consult with legal counsel
but elected to present your case to an administrative discharge
board (ADB).
warranting separation and recommended an other than honorable
discharge.
you be issued an other than honorable discharge by reason of
misconduct due to the commission of a
On 17 March 1993 your commanding officer recommended
On 9 March 1993 an ADB found you committed offenses
(NJP) for
and drunk and disorderly
seriouq offense.
On 15
On 12 April 1993 the discharge authority approved this
March 1993 you began a 35 day period of unauthorized absence
(UA) l
recommendation and directed an other than honorable discharge and
On 19 April 1993,
an administrative reduction to
while in an UA status, you were so discharged and reduced in
rate.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, character reference letters, good
post service conduct, and the hearing transcript from the
coneluded
Department of Veterans' Affairs.
these factors were not sufficient to warrant recharacterization
of your discharge given the serious nature of your misconduct.
paygrade E-4 at the NJP,
Further, you were properly reduced to
and the reduction to E-3 was also proper given the direction of
Given all the circumstances of your
the discharge authority.
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
However, the Board
paygrade E-3.
Accordingly, your application has been
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
Executive Director
PF'EIFFER
I
2
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