DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL
NAVY
ANNEX
2
RECORDS
WASHINGTON DC 20370.510
0
TJR
Docket No: 8030-01
15 May 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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.
You enlisted in the Navy on 6 December 1990 at the age of 18.
Your record reflects that on 17 July 1991 you received
nonjudicial punishment (NJP) for an 11 day period of unauthorized
absence (UA) and missing the movement of your ship. The
punishment imposed was a $100 forfeiture of pay and restriction
and extra duty for 30 days.
period of UA which was not terminated until 13 October 1991.
During this period of UA you missed the movement of your ship and
were declared a deserter.
for desertion and missing the movement of your ship.
punishment imposed was a $400 forfeiture of pay and restriction
and extra duty for 30 days.
On 15 October 1991 you received NJP
On 23 August 1991 you began a 51 day
The
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to commission of a
At that time you waived your rights to consult
serious offense.
with legal counsel and to present your case to an administrative
discharge board.
recommended an other than honorable discharge by reason of
misconduct.
part, as follows:
The commanding officer's recommendation noted, in
On 22 October 1991 your commanding officer
(Member) has proven repeatedly that he will not conform to
Navy life.
I feel it necessary
person who does not want to be here.
that he be discharged from the Navy and that his discharge
be characterized as other than honorable.
We have wasted too much time and energy on a
On 25 October 1991 the discharge authority directed an other than
honorable discharge,
discharged.
code..
At that time you were assigned an RE-4 reenlistment
and on 30 October 1991 you were so
The Board, in its review of your entire record and application,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention that you were told that you
would receive a general discharge and that, if you wanted, you
could reenlist in the Navy.
factors and contentions were not sufficient to warrant
recharacterization of your discharge or a change in your
reenlistment code given your repetitive misconduct.
your application has been denied.
However, the Board found these
Accordingly,
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
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