DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
S
ELP
Docket No. 7476-01
28 February 2002
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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
27 February 2002.
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.
considered your application on
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.
You reenlisted in the Navy on 22 April 1988 for six years as an
MS3 (E-4).
At the time of your reenlistment, you had completed
nearly four years of prior active service.
record reflects that you served without incident until
The
16 November 1989, when you received nonjudicial punishment (NJP)
for three instances of failure to obey a lawful orders not to
drive or park on the base and to turn over your military
identification card, drunk driving, and disorderly conduct.
Punishment imposed was a reduction in rate to MSSN (E-3) and 30
days of correctional custody.
counseled and warned that failure to take corrective action could
result in administrative separation.
contact with the command drug and alcohol program advisor and
counseling and assistance center group on a weekly basis, and
participate in group counseling and a one-year aftercare program.
On 16 November 1990 you were advanced again to MS3.
On 20 November 1990 you received a second NJP for three instances
of assaulting your wife.
Punishment imposed was oral admonition
and reprimand, 60 days of restriction, and a suspended reduction
in rate to MSSN.
Thereafter, you were formally
It was recommended that you
You were advanced to MS2 (E-5) on 16 June 1993 and extended your
enlistment for an additional period of 16 months on 1 April 1994.
You continued to serve without further incident until 17 April
1995, when you received a third NJP for use of provoking speech
or gestures, aggravated assault, assault by battery, and carrying
a concealed weapon.
reduction in rate to MS3; a forfeiture of $934, all but $300 of
which was suspended; and 30 days of restriction.
Punishment imposed consisted of a suspended
On 25 April 1995 you were notified that administrative separation
action was being initiated to discharge you under other than
honorable conditions by reason of misconduct due to a pattern
of
misconduct and commission of a serious offense.
present your case to an administrative discharge board
You appeared before an ADB with counsel on 14 August 1995.
The
found you had committed misconduct due to
ADB, by a vote of 3-0,
a pattern of misconduct and commission of a serious offense, and
recommended discharge under other than honorable conditions.
commanding officer concurred with the ADB findings and
recommendation. 'On 15 August 1995 the Chief of Naval Personnel
directed discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct.
(ADB).
The
Your enlistment, as extended,
However, the record shows that you were not discharged until
31 August 1995, when you received an honorable discharge by
reason of completion of required active service.
recommended for reenlistment.
expired on 21 August 1995.
You were not
The Board believed you
The record does not indicate why you were not discharged prior to
or upon the expiration of your enlistment.
However, the record
clearly shows that you could have and should have been discharged
under other than honorable conditions.
were extremely fortunate to have received an honorable discharge.
Regulations require the assignment of an RE-4 reenlistment code
to an individual who is discharged by reason of misconduct or is
not recommended for reenlistment.
The fact that you were not
discharged for misconduct but for completion of required active
service does not compel the Board to change your reenlistment
code.
justification for a non-recommendation for retention and
assignment of an RE-4 reenlistment code.
concluded that the reenlistment code was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
The Board thus
Accordingly, your application has been denied.
NJPs, all for serious offenses, provided sufficient
Three
The
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
You are entitled to have
2
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
3
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