DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7237-00
11 April 2001
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 4 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.
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.
Your record reflects that you served for nearly a
The Board found you enlisted in the Navy on 25 June 1997 at the
age of 19.
year without disciplinary incident but on 13 April 1998 you
received nonjudicial punishment (NJP) for four specifications of
failure to go to your appointed place of duty and a three day
period of unauthorized absence (UA).
confinement on bread and water for three days, a $463 forfeiture
of pay, and reduction to
July 1998, you received NJP for a 10 day period of UA and missing
the movement of your ship.
forfeiture of pay.
The punishment imposed was a $926
The punishment imposed was
paygrade E-l.
Shortly thereafter, on 30
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due a pattern of
misconduct.
legal counsel and to present your case to an administrative
discharge board or to submit a statement in rebuttal to the
discharge.
an other than honorable discharge by reason of misconduct.
On 7 August 1998 your commanding officer recommended
The
At that time you waived your rights to consult with
4
discharge authority directed an other than honorable discharge by
reason of misconduct due to commission of a serious offense. On
17 October 1998 you were so discharged with an RE-4 reenlistment
code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
good post service conduct, and the
your youth and immaturity,
character reference letters submitted in support of your case.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge or a change of your
reenlistment code given the serious nature of your misconduct,
which resulted in two
the circumstances of your case,
discharge and reenlistment code were proper as issued and no
change is warranted.
Accordingly, your application has been
denied.
NJPs in about a year of service.
the Board concluded your
Given all
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 PFEIFFER
Executive Director
2
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