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NAVY | BCNR | CY2002 | 09615-02
Original file (09615-02.pdf) Auto-classification: Denied
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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