DEPARTMENT OF-THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7978-02
12 June 2003
.
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 10 June 2003.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 2 November 1984 after four years of
prior honorable service.
On 13 March 1985 you received nonjudicial punishment (NJP) for
failure to obey a lawful order and assault.
imposed was a $400 forfeiture of pay.
received NJP for absence from your appointed place of duty, using
provoking words, overindulgence in liquor or drugs, and drunk and
disorderly conduct.
The punishment imposed was restriction and
extra duty for 14 days and a reduction in paygrade.
On 10 June
1985 you received your third NJP for disobedience and were
awarded a $200 forfeiture of pay.
On 11 June 1985 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct.
After consulting with legal counsel you elected to
I_.
Your allegations of error and
The punishment
On 22 April 1985 you
( DB).
On
ason of
!you were
ation,
%
At that time you
On 30 July 1985, after
present your case to an administrative discharge board
22 June 1985 an ADB recommended a general discharge by r
misconduct.
On 23 June 1985 your commanding officer als
recommended separation by reason of misconduct.
On 23 July 1985 you were referred for a medical
examinat
possible alcohol abuse.
undergoi
medical examination, you were diagnosed as alcohol depen
found to be responsible for actions.
recommended for alcohol and drug education and an admin
separation.
On 8 August 1985 the discharge authority directed a general
discharge by reason of misconduct,
and on 19 August 1985
so separated and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and appli
carefully weighed all potentially mitigating factors,
your prior honorable service and your contention that
not take into consideration your prior enlistment when
determining the characterization of your service.
the Board concluded these factors and contention were not
sufficient to warrant recharacterization of your discharge or a
change of the reenlistment code because of the seriousness of
your repetitive misconduct.
The Board noted that individuals
discharged for misconduct must receive an RE-4 reenlistment code,
The Board also noted
and often receive undesirable discharges.
that you were fortunate to receive a general discharge.
Accordingly, your application has been denied.
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
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.
su h as
aniADB did
Nevertheless,
7
~
siuch that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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