DEPARTMENT OF 1 HE NAVY
BOARD FOR CORRECTION O F NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMF
Docket No: 9615-02
1 May 2003
I
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
United States Code section 1552.
A three-member panel of the Board for Correction df Naval
Records, sitting in executive session, considered your
application on 30 April 2003. Your allegations of error and
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 applicablr statutes,
regulations and policies.
I
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.
The Board found that you enlisted in the Navy on 31 August 1981
for four years at age 18. Your record reflects that you served
without incident until 12 April 1982, when you received
nonjudicial punishment (NJP) for possession of marijuana. The
punishment imposed was forfeitures of $275 per month for two
months and 45 days of restriction and extra duty
On 22 April 1982 you were counseled concerning your past
performance and warned that further misconduct could result in
processing for a less than honorable discharge.
On 12 March 1983 you received NJP for resisting arrest, assault
and drunk and disorderly conduct. The punishment imposed was
forfeitures of $150 per month for two months, 20 days of
restriction and extra duty and a reduction in r a t e . On 25
January 1984 you received NJP for failure to go tc) your
appointed place of duty and disrespect. The punishment imposed
was correctional custody for 30 days. On 25 April 1984 you
again received NJP for destruction of government property and
drunk and disorderly conduct. The punishment imposed was a
forfeiture of $298 and 30 days of restriction and extra duty.
On 26 April 1984 you were notified that separation action was
being initiated by reason of misconduct due to a pattern of
misconduct. You were advised of and waived all of your
procedural rights, except the right to obtain copies of the
documents supporting the proposed separation and make a
statement. On 11 May 1984 the administrative separation action
was forwarded to the Commander, Naval Military Personnel Command
(CNMPC), recommending an other than honorable discharge. On 25
May 1985, CNMPC directed discharge under other than honorable
conditions, and on 4 June 1984 you were so discharged.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity. However, the Board found that the other than
honorable discharge was appropriate, based on your four NJP1s.
In this regard, the Board noted not only the frequency of your
misconduct but the severity of your actions which included
resisting arrest, assault, destruction of government property
and possession of marijuana. Accordingly, your application has
been denied. The names and votes of the members -f 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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